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Sam
Sam, Attorney at Law
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Experience:  20 years of experience practicing law.
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I was given a ticket for failure to report an accident causing

Customer Question

I was given a ticket for failure to report an accident causing property damage. The damage to the property was very minimal way less than $1000. The accident was caused when a dog ran out in front of the vehicle and it swereved at slow speed 35mph at the most. The vehicle then landed in the ditch. While trying to get out of the ditch a mailbox was uprooted nothing was broken just uprooted. It was about 10:30p.m. and the vehicle was only 2 houses down from its drive. I looked at the scene and decided I would get the vehicle out in the morning and make things right with the neighbor. Correct me if I'am wrong, but I believe that the law in michigan states an accident only needs to be reported to police if there are injuries, or property damage over $1000. All in all I fixed the mailbox with not a dime put out just had to dig a hole and put the mailbox in its place. Also my tail light was cracked which cost me $10 for a new one.

Thanks

Russ
Submitted: 3 years ago.
Category: Legal
Expert:  Sam replied 3 years ago.

Hi

 

Here is the Michigan law on leaving the scene of an accident - you also may go here to read all the laws regarding accidents from 257.617 to 257.619

 

257.618 Accidents; damage to vehicles; stopping required; reporting to police agency or officer; penalty.

 

Sec. 618.

(1) The driver of a vehicle who knows or who has reason to believe that he has been involved in an accident upon public or private property that is open to travel by the public shall immediately stop his or her vehicle at the scene of the accident and shall remain there until the requirements of section 619 are fulfilled or immediately report the accident to the nearest or most convenient police agency or officer to fulfill the requirements of section 619(a) and (b) if there is a reasonable and honest belief that remaining at the scene will result in further harm. The stop shall be made without obstructing traffic more than is necessary.

 

(2) If an individual violates the requirements of subsection (1) and the accident results in damage to a vehicle operated by or attended by any individual, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.

 

 

Customer: replied 3 years ago.
If the damage was far less than $1000 dollars then according to michigan law 257.622 it appears I should not have had to report the accident correct.
Expert:  Sam replied 3 years ago.

Hi

 

I don't see how section 622 would negate the responsibility to report as required under section 618. Though, you may be able to use it in your defense that the damage in your estimation was less than $1000 and it was late at night and no personal injury. And that you were going to tell your neighbor the next day

 

You see 618 is required, because they need to see if the driver was intoxicated.

 

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21345
Experience: 20 years of experience practicing law.
Sam and 2 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
How would you go about representing a person in my predicament.
Expert:  Sam replied 3 years ago.

Hi

 

I am not able to explain that process to you. Unfortunately, according to JA Terms of Service and state laws we are not able to provide legal advice only information, options and guidance. And to tell you how I would represent someone could be construed as legal advice.

 

 

 

 

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