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My car was involved in a hit-and-run (property damage to a

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parked car; my car is...
My car was involved in a hit-and-run (property damage to a parked car; my car is fine). I had no idea until charges were already filed (4 days later). To speed up matters with my insurance and not to get the person who was driving it in trouble (I want to keep the person anonymous), I've told my insurance company that I drove it. The insurance will settle everything. However, the charges are already filed with the police. What should be my next actions at this time? Is there a way to withdraw them? If not, how should I proceed? I haven't been contacted yet by police. Thank you!
Submitted: 7 years ago.Category: Legal
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Answered in 5 minutes by:
2/16/2010
Lawyer: Justice For All, Attorney at Law, JD replied 7 years ago
Justice For All
Justice For All, Attorney at Law, JD
Category: Legal
Satisfied Customers: 1,349
Experience: Over 8 years of legal experience /family law, general practice, and criminal defense.
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So let me make sure I'm understanding, someone else drove your car and hit a parked car, you took responsibility for the accident, and now the driver of the parked car filed a police report. Is that right?

 

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Customer reply replied 7 years ago
Yes, that's right.
Lawyer: Justice For All, Attorney at Law, JD replied 7 years ago

Does the police report state that it was a hit and run? Did you have contact with the other person at all immediately afterwards? Do you have any contact with them now?

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Customer reply replied 7 years ago
I haven't seen the report yet. I have contact with the person and my insurance is taking care of them. There was no contact immediately afterwards and in the meantime the report was filed. I haven't heard from the police yet but assume will very soon. I asked the person if they could withdraw the charges now that things are settling but they are saying it is out of their hands.
Lawyer: Justice For All, Attorney at Law, JD replied 7 years ago

Well without knowing exactly what is on the police report here is the advice I can give. First, if it was reported as a hit and run (and we have to assume it is) then you will be in some trouble whether you were driver or passenger as passengers have a duty as well to ensure that an accident is reported under Virginia law (§ 46.2-895). What I would suggest this being the case is not to change your story at this point as this can open up a whole other can of worms with the insurance company and possibly could get you into even futher legal trouble if they report you (and they would). I highly suggest finding out what is on the police report, see if you can get away with a fine (may not be possible), if you can not get away with a fine then you do need to get an attorney to try to negotiate some sort of settlement for you. Here is a link that will take you to a page of the Va hit and run laws and penalties so you will know what you are dealing with.

http://www.deadlyroads.com/laws/virginia-hit-and-run-laws.shtml

 

I wish I had some better news for you. Please don't hesitate if you need further assistance and don't forget to hit accept as this is the only way we get credit for our work, even if you made a deposit. Thanks in advance. Good luck and God bless.

Justice For All
Justice For All, Attorney at Law, JD
Category: Legal
Satisfied Customers: 1,349
Experience: Over 8 years of legal experience /family law, general practice, and criminal defense.
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Customer reply replied 7 years ago
Where can I get a copy of the report?
Lawyer: Justice For All, Attorney at Law, JD replied 7 years ago
You should be able to get it from the police station it was filed at. I would call in advance to make sure it is ready and take a small amount of cash with you as it usually costs a few dollars for a copy and they don't take cards.
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Customer reply replied 7 years ago
Thank you for your help! Can the damaged party withdraw the police report or change in some way (now that things are getting handled with their car) if they are willing to do that?
Lawyer: Justice For All, Attorney at Law, JD replied 7 years ago
Well if it has been reported as a hit and run already then the police would take over as it is moving violation. If they did try to change their story they could be charged with filing a false police report. If you find out for sure it was filed as hit and run, I suggest that you get a local attorney or at very least go and speak with one for advice. They will know the judges and have a better idea as to what they can and can't get away with for you there.
Justice For All
Justice For All, Attorney at Law, JD
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