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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38354
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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i am charged with a failure to report an accident but dont

Resolved Question:

i am charged with a failure to report an accident but don't remember the accident what should i do?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

What specifically happened here? You mentioned that you do not remember the accident taking place. How were you then charged, can you please take me step by step through the whole event so I can best figure out what options you may have here. Thank you!

Customer: replied 1 year ago.

well after my sisters wedding in which i missed some of my meds i worked and slept and worked and slept after a few days of that i realized i was depressed and sleeping too much and should walk later that morning Jessica comes up to me and says i was parked by her yesturday and asked if i hit her car. In which i told her not that i was aware of andlater saw her with a cop car outside and then in the kitchen so i said," wow that must have been pretty serious hit or somethin like that in which she said somethin like yeah 1000 or more or somethin and then when i was doing dishes the cop brad called me outside to his car to talk and tried to get me to confess as i was about to fall asleep in his comfortable car. later i dont know how much longer the town cop mike asked me to talk and i went to his office in which he basically said they don't believe me but didn't think i would do something like that and asked about me jumping and if i was paying attention cause i was tired.

Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up, Brittany.

Are you denying that the accident took place, or based on the evidence you have to admit that you did strike the vehicle but you just do not remember?
Customer: replied 1 year ago.

the evidence says i did and because of that even said i can put it through my insurance np but i just don't remember it and you can't report something you don't know about. i was just talking about with my counsler and i don't know if its cause i blacked out, was to tired and depressed to be that aware of my surroundings, or if the because of the state of the van shaking sideways like it does just didn't notice. or a combination somehow

Expert:  Dimitry K., Esq. replied 1 year ago.

Brittany,

I am genuinely sorry that you are now caught up in this situation. I likewise agree that if you did not know you struck the vehicle, it makes it hard to report. But this violation is known as a 'strict liability' offense--that means that it does not require intent to break the law, if you failed to do something, you are in violation. Your best argument here by far is to obtain a medical release stating that you suffer from short-term memory loss that permitted you to blank out and forget the accident. But by them it would help to show that the moment you were aware of the accident, that you formally reported it to insurance and began to cover the expenses of the other party. That is called a 'mitigating factor', specifically that you are attempting to cover the losses and harm caused to the other person. That, by itself, may not be sufficient to terminate your liability, but it can be used by you to argue that as you medically were unaware of the violation, and you took steps to cover the losses once you were made aware of it, that the violation should be set aside and reduced against you.

Hope that helps!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38354
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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