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03-28-2008, 01:28 PM
| | Junior Member | | Join Date: Mar 2008
Posts: 1
| | | hit and run on parked vehicle...no insurance(parked vehicle)
Hey guys...so here is the scenario:
i live in newport beach, california. as much of the parking outside of the homes here in newport beach is street parking, my vehicle was parked LEGALLY out on the street. there was not yet insurance on this vehicle, and because of that i was not driving it.
so this is what happened...a girl hits the car, knows that she hits the car, and drives off because she is scared. she didn't leave a note, or make any attempt to take responsibility for the accident.
2 witnesses saw her hit my vehicle and wrote down her license plate, desciption, etc and i take that into the police...the police knock on her door and she admits to the hit and run.
to make a long story shorter, this is where my question is....
i don't necessarily want to file an official police report as long as my vehicle is repaired...however, when i talked to the police officer he told me that IF i did want to file a proper report that i would be given a violation for not having insurance on my vehicle in accordance with 16028 (c) which could be up to $1,400. this violation has something to do with uninsured vehicles involved in a motor accident.
my question is...can i really get a fine for having an uninsured vehicle parked on the side of the street legally when nobody is driving it?
i was under the impression that it was only illegal to DRIVE an uninsured vehicle.
please let me know your thoughts.What is the name of your state? |
03-28-2008, 01:55 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,693
| | Quote:
Originally Posted by strelecki51  Hey guys...so here is the scenario:
i live in newport beach, california. as much of the parking outside of the homes here in newport beach is street parking, my vehicle was parked LEGALLY out on the street. there was not yet insurance on this vehicle, and because of that i was not driving it.
so this is what happened...a girl hits the car, knows that she hits the car, and drives off because she is scared. she didn't leave a note, or make any attempt to take responsibility for the accident.
2 witnesses saw her hit my vehicle and wrote down her license plate, desciption, etc and i take that into the police...the police knock on her door and she admits to the hit and run.
to make a long story shorter, this is where my question is....
i don't necessarily want to file an official police report as long as my vehicle is repaired...however, when i talked to the police officer he told me that IF i did want to file a proper report that i would be given a violation for not having insurance on my vehicle in accordance with 16028 (c) which could be up to $1,400. this violation has something to do with uninsured vehicles involved in a motor accident.
my question is...can i really get a fine for having an uninsured vehicle parked on the side of the street legally when nobody is driving it?
i was under the impression that it was only illegal to DRIVE an uninsured vehicle.
please let me know your thoughts.What is the name of your state? | That code section refers to DRIVERS - I doubt you could be cited for that particular section.
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03-28-2008, 02:16 PM
| | Member | | Join Date: Feb 2008
Posts: 452
| | Quote:
Originally Posted by strelecki51
please let me know your thoughts.
| 16020. (a) All drivers and all owners of a motor vehicle shall at
all times be able to establish financial responsibility pursuant to
Section 16021, and shall at all times carry in the vehicle evidence
of the form of financial responsibility in effect for the vehicle.
Yes, you could be ticketed. |
03-28-2008, 02:33 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,803
| | | However, the girl's insurance will still pay for your damages and they will probably not require a police report if she admits to it. |
03-28-2008, 03:09 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,693
| | Quote:
Originally Posted by CameronNewport 16020. (a) All drivers and all owners of a motor vehicle shall at
all times be able to establish financial responsibility pursuant to
Section 16021, and shall at all times carry in the vehicle evidence
of the form of financial responsibility in effect for the vehicle.
Yes, you could be ticketed. | But, that wasn't the question, was it? OP wanted to know if she could be ticketed for 16028(c).
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! When all else fails, make up a statistic!
Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
03-28-2008, 03:31 PM
| | Member | | Join Date: Feb 2008
Posts: 452
| | Quote:
Originally Posted by Zigner But, that wasn't the question, was it? OP wanted to know if she could be ticketed for 16028(c). | And of course, you're not correct. Quote: | my question is...can i really get a fine for having an uninsured vehicle parked on the side of the street legally when nobody is driving it?
| I don't see anything about 16028(c) in his question, do you? Maybe we should ask the OP whether he feels my post was unhelpful, and if I overstepped my bounds by offering a different section of law to answer his question.
Last edited by m martin; 03-28-2008 at 03:52 PM.
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03-28-2008, 04:07 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,803
| | | I'll clarify that insured can't be ticketed for the section the officer quoted her, with the $1400 fine that she was worried about. She CAN be ticketed for a different violation, for which the fine is probably less, but which MAY cause her license to be suspended for a year. |
03-28-2008, 04:15 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,693
| | Quote:
Originally Posted by CameronNewport
I don't see anything about 16028(c) in his question, do you? Maybe we should ask the OP whether he feels my post was unhelpful, and if I overstepped my bounds by offering a different section of law to answer his question.
|
The entire post frames the question. She was told she could get a fine pursuant to a particular section, can she really get a fine? The answer is no, that section only applies to drivers.
(I'm posting this to prove a point, sorry if it goes over your head  )
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! When all else fails, make up a statistic!
Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
03-28-2008, 04:15 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 21,693
| | Quote:
Originally Posted by ecmst12 I'll clarify that insured can't be ticketed for the section the officer quoted her, with the $1400 fine that she was worried about. She CAN be ticketed for a different violation, for which the fine is probably less, but which MAY cause her license to be suspended for a year. | Agreed....
__________________ *
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.
Communication is KEY - 10 mins of talking now can save you months of headaches later!
Masterfully stating the obvious to the oblivious! (Thanks SP!)
Tell it like it is! When all else fails, make up a statistic!
Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to) |
03-28-2008, 04:19 PM
| | Member | | Join Date: Feb 2008
Posts: 452
| | Quote:
Originally Posted by Zigner
(I'm posting this to prove a point, sorry if it goes over your head ) | Yes, it has gone over my head. Please share your point. |
03-28-2008, 06:58 PM
| | Senior Member | | Join Date: Feb 2005 Location: Elgin, IL USA
Posts: 1,089
| | | If there is more than $750 total damage among the vehicles it needs to be reported to the DMV. [url]http://www.dmv.ca.gov/pubs/hdbk/pgs66thru68.htm[/url] |
03-29-2008, 01:46 PM
| | Senior Member | | Join Date: Nov 2005 Location: South Cackalacky
Posts: 15,040
| | | OPs vehicle was NOT legally parked, as OP stated in the original post. If the vehicle had tags, then it required insurance. If the vehicle didn't have tags, then it was still illegally parked. Having said that, OPs vehicle didn't require collision insurance, just bodily injury and property damage.
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