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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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I need help with a hit and run accident in FL. She backed into

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I need help with a hit and run accident in FL. She backed into me and then drove off. I followed until she stopped but she refused to give me insurance or DL info. We did get her tag number and her first name and cell. I called Sheriff's office to report the hit and run but the dispatcher refused to take a report because we weren't at the scene. I explained it was hit and run and that I followed her. She didn't ask if anyone was hurt or if there was any property damage. Since then I have managed to track down the driver's full name, home address, DL number, place of employment, her church, her Facebook, twitter, Instagram, her parents ink and more. I know the car belongs to her mother and she wrecked it last yr too. The driver has responded to multiple text messages and has called me saying he would give me the insurance info in 30 minutes, when he gets home in 45 minutes, when she gets home from dinner with friends, etc. still no info. I have verified her address is correct and photographed her car there as recent as yesterday. So how do I get the Sheriff's office to file a report and how do I press charges at this point for the hit and run? She has a prior criminal history (robbery). Of all things, this person is a Minister! I don't think it's right that I and my insurance company are having o pay or repairs to my car because of her refusal to provide required information. Lastly, I have a full text message history from her admitting fault. Sorry for the length of this. Just wanted to cover all the info.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. At this point, you need to go in person, to your local police station and tell them you want to file a police report, regarding the incident. When you appear, make sure you have all the evidence which you stated above, showing what occurred. A hit and run / leaving the scene of an accident is a criminal offense in the State of Florida and she could face criminal charges. If charged, the State would represent your legal interest as the victim and seek restitution, for the damages suffered. In the rare case that the police do not want to charge this women, then you next remedy would be a civil lawsuit. You would have to sue her, to recover for the damages suffered. showing she hit your care and was negligent. In an ideal situation, she would turn over her insurance information but if you, not can make it very clear the police and court system will get involved. Once charged, you are fully committed to the prosecution of the case, so if she wants to avoid criminal charges and a record, she will cooperate to resolve this.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.
Isn't there a law as well that requires her to turn over her insurance info? Will I be filing charges for not only fleeing the scene of an accident, but refusing to disclose insurance and DL once I stopped her?

She already has a police record for robbery (I found her record and mug shot). I've told her if she don't provide the info then charges would be filed today. She doesn't seem to care.

Would it be in my best interest (or not) to contact the church and the Community College that employee her? Should I also go ahead with repairs to my car through my own insurance? It's so wrong for me and my insurance to pay for damages she caused but it has been over 2 weeks already. That leads me back to the hit and run question too. Is there a time limit on filing it? The accident happened 6/19 and as I stated previously, I called the SO but dispatch refused to send an officer to make a report and told me to have my insurance co file a report.
Expert:  LegalKnowledge replied 1 year ago.
You should not contact her church or college, since they have nothing to do with this. Moreover, her prior record for robbery is not necessarily relevant to her leaving the scene of an accident. The police will determine what to charge her with and I have provided the Florida Statutes below, which could apply. In a situation like this, you can speak with your insurance company this morning and see what they have to say and how you want to proceed. If possible, they may go after her to pay for the damages cause and get involved, to help resolve this from a civil standpoint.


316.062 Duty to give information and render aid.—
(1) The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give his or her name, address, and the registration number of the vehicle he or she is driving, and shall upon request and if available exhibit his or her license or permit to drive, to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash and shall give such information and, upon request, exhibit such license or permit to any police officer at the scene of the crash or who is investigating the crash and shall render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.
(2) In the event none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (1), and no police officer is present, the driver of any vehicle involved in such crash, after fulfilling all other requirements of s. 316.027 and subsection (1), insofar as possible on his or her part to be performed, shall forthwith report the crash to the nearest office of a duly authorized police authority and submit thereto the information specified in subsection (1).
(3) The statutory duty of a person to make a report or give information to a law enforcement officer making a written report relating to a crash shall not be construed as extending to information which would violate the privilege of such person against self-incrimination.
(4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.



Accidents Involving Occupied Vehicles or Attended Property (Florida Statute 316.061)

A driver who crashes into an occupied vehicle or attended property that results only in property damage is required to remain at the scene of the accident until he completes his statutory duties. These duties include exchanging pertinent information such as name, address and registration, presenting a driver’s license, and notifying law enforcement of the accident. A driver who violates this statute has committed a misdemeanor of the second degree. This violation can result in up to 60 days imprisonment and up to a $500 fine. Florida Stat 316.061.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16511
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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