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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Recently, a police officer came to my apartment and said

Customer Question

Hello,
Recently, a police officer came to my apartment and said that I had been involved in a hit-and-run accident - I was the person who hit and ran, allegedly. This is not the case, however, as I was home at the time doing laundry with my son and our car was parked in our parking space in the carpark in our complex. The officer mentioned that the person I allegedly hit found our car shortly after and identified it by the front-end damage it sustained in the "accident" - again, neither I nor my son were driving it at the time of the accident. Where it gets unfortunate is that there is (coincidentally) some slight damage to the front-end of our car, but this was there long before the accident took place. We purchased the car in March of 2016 from a private seller online and, when we bought it, the same damage was already there. We didn't think too much of it because it was just a small bump and some scratches and it didn't affect the way the car drove so we decided to buff out the scratches at a later time (though we never got around to it) and leave the small bump as is. It's been two weeks since the officer questioned us (we gave him our license and insurance info) and we had thought the matter was resolved but we just got a call today from our insurance company saying that we had been involved in an "accident" - the allegd hit-and-run in question. We were told that an appraisal of the car would be done and that someone from the insurance company would come by to take some pictures of the car for investigative purposes.
Since neither I nor my son were driving the car at the time of the accident, we're wondering what are our options going forward?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Hello,
Recently, a police officer came to my apartment and said that I had been involved in a hit-and-run accident - I was the person who hit and ran, allegedly. This is not the case, however, as I was home at the time doing laundry with my son and our car was parked in our parking space in the carpark in our complex. The officer mentioned that the person I allegedly hit found our car shortly after and identified it by the front-end damage it sustained in the "accident" - again, neither I nor my son were driving it at the time of the accident. Where it gets unfortunate is that there is (coincidentally) some slight damage to the front-end of our car, but this was there long before the accident took place. We purchased the car in March of 2016 from a private seller online and, when we bought it, the same damage was already there. We didn't think too much of it because it was just a small bump and some scratches and it didn't affect the way the car drove so we decided to buff out the scratches at a later time (though we never got around to it) and leave the small bump as is. It's been two weeks since the officer questioned us (we gave him our license and insurance info) and we had thought the matter was resolved but we just got a call today from our insurance company saying that we had been involved in an "accident" - the allegd hit-and-run in question. We were told that an appraisal of the car would be done and that someone from the insurance company would come by to take some pictures of the car for investigative purposes.
Since neither I nor my son were driving the car at the time of the accident, we're wondering what are our options going forward?
JA: Has anything been filed or reported?
Customer: This is actually in Ontario, Canada. And no, we haven't reported or filed anything with our insurance company since the officer spoke to us. We thought it would be something that would be resolved by the police
JA: Anything else you want the lawyer to know before I connect you?
Customer: The person who was hit says that they saw a woman (me, allegedly) in the car at the time of the accident but I was at home and I rarely drive the car, the last time being a few months ago. It's mostly my son who drives it
Submitted: 1 month ago.
Category: Canada Law
Expert:  Legal Ease replied 1 month ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Customer: replied 1 month ago.
Thank you.
Expert:  Legal Ease replied 1 month ago.

I am sorry to hear this.

You should tell your insurers that they person is mistaken or else dishonest but it was neither you nor your son and no one else in your car either as the car was in the parking spot during the time of this alleged accident.

You can tell them police and the insurers that you will fully co-operate and invite them to examine the car and in fact have it examined by their forensic unit but that you are adamant that this was not your car that was in the accident and if necessary you will retain legal counsel.

If you do need a lawyer then you can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-***-***-**** or(###) ###-####(within the GTA)

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 1 month ago.
Thank you for your reply. We have agreed to have someone from the insurance company come by and take a look at the car and match its damage to the other car's damage. We are willing to fully cooperate with the insurance company and the police in order to resolve this matter.
Expert:  Legal Ease replied 1 month ago.

I think it will work out but retain a lawyer if it looks like they don't believe you.

Customer: replied 1 month ago.
Ok, thanks again!
Expert:  Legal Ease replied 1 month ago.

You are very welcome.

Expert:  Legal Ease replied 1 month ago.

Is there anything more I can help you with at this point in time?

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