Accused of a hit and run and can prove it wrong...what do i do?

What is the name of your state? California
I got into a car accident, I hit the car in front of me (car a) and that car hit the car in front of it (car b). Car B took off, car A was stopped in the road. It was an older lady and we went to check on her she had her phone in her lap and was stunned so she couldnt move. We asked her what happened and she said that the car in front of her stopped to fast for her to stop. She said she was going to call the police, but she didnt and instead called her husband.

I did not have insurance at the time and her husband said that if we paid for the damage we made (which was only that a little bit of paint rubbed off onto their car) it would be ok. We agreed to this and went out seperate ways. Two weeks later the husband called and told us that we would have to pay $1400 to him to get the car fixed!!! We asked him for what damage were we paying for and he said the front and the back. We said that we wouldn't pay for damage that we didn't make. Then he said that if we didn't pay he would report it to the dmv.

A few months later my boyfriend (who was in the car with me but was not driving) got a letter saying that his license had been suspended. He called the dmv and asked why, the dmv said that he was involved in a hit and run accident or so the people who reported it said. Now some subgorgation company is calling us and saying that we owe the people about $4000 for damages to their car. They said that they found out who the car belonged to by the license plate which is a lie because we never took off and gave all of our information to them, and the car wasn't put into my boyfriend until about THREE WEEKS after the accident occured. I wanted to know if there was anyway to get my boyfriends license back and if we have to pay that subgorgation company. If we don't pay the company will anything happen? Thank you very much in advance.

Your boyfriend needs to appeal his suspension through the DMV.

Generally in situations like yours (hit car 1, then car 1 hits car 2), the drivier that started the accident, which is the driver in the back, is responsible for ALL of the damages to BOTH vehicles.

moburkes said:

Generally in situations like yours (hit car 1, then car 1 hits car 2), the drivier that started the accident, which is the driver in the back, is responsible for ALL of the damages to BOTH vehicles.

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We were the people in the back but the car in front of us hit the car ahead of them first. Does that make any diffrence? They also lied to the dmv about the accident saying that we hit and ran, and that they found out who we were by the license plate when the car wasn't even under our name till sometime later. Would that help us out in anyway?

Okay. Now I understand. You are still at fault for the accident with the other vehicle. You should be far enough back so that if the car in front of you stops suddenly, you will not hit it. You are responsible for that accident. Contact the DMV about the other situation.

Sorry but I have one more question to bug you with. I read something about comparitive negligence would this come into play here at all? If the people ahead hit first, wouldn't that damage be their own fault? Oh that was two questions sorry.

That would make the middle vehicle responsible for the front end damage, but would still make you responsible for the back end damage.

And I can't imagine how the DMV suspended for a hit-and-run if there was no finding of guilt in a court of law! Unless he has so many points on his license that one more put him over the top, it is my understanding that the DMV cannot suspend a license for hit-and-run per CVC 20002 unless a court has found him guilty of the crime.

And, since information WAS apparently exchanged, no hit-and-run occurred.

Either your boyfriend is full of hooey when he says that this is what his license was suspended for, or something ain't right. He needs to get a copy of what the DMV received regarding the collision.

Something is messed up here.

- Carl

It isn't the hit and run claim that got the license suspended, it was because your boyfriend was driving an uninsured vehicle. A hit and run CONVICTION may result in a license suspension but not just a claim that it happened.

Your boyfriend is screwed unless he can show either the car he was driving was insured or that he was insured under another auto policy at the time of the accident.

By the way here is your original post: " I got into a car accident, I hit the car in front of me (car a) and that car hit the car in front of it (car b)." Nowhere do you mention that car A hit car B first. Plus, how do you know the car you hit first hit the car ahead of it before you rear ended it.

In addtion to the license suspension your boyfriend is also liable for the front and rear damage to car A. You are also liable because you owned the car at the time. The carrier for car A can go after both of you. If they get a judgment against you and/or your boyfriend, your license and your boyfriend's will be suspended until the judgment is paid in full.

Now you know why you should ALWAYS have insurance on your car.

stephenk said:

It isn't the hit and run claim that got the license suspended, it was because your boyfriend was driving an uninsured vehicle. A hit and run CONVICTION may result in a license suspension but not just a claim that it happened.

Your boyfriend is screwed unless he can show either the car he was driving was insured or that he was insured under another auto policy at the time of the accident.

By the way here is your original post: " I got into a car accident, I hit the car in front of me (car a) and that car hit the car in front of it (car b)." Nowhere do you mention that car A hit car B first. Plus, how do you know the car you hit first hit the car ahead of it before you rear ended it.

In addtion to the license suspension your boyfriend is also liable for the front and rear damage to car A. You are also liable because you owned the car at the time. The carrier for car A can go after both of you. If they get a judgment against you and/or your boyfriend, your license and your boyfriend's will be suspended until the judgment is paid in full.

Now you know why you should ALWAYS have insurance on your car.

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Oh Im sorry, maybe it was the way I put it I meant that the car in front of me hit the car in front of it first. And I belive his license was suspended for not reporting it, but the people reported that we made a hit and run. None of the damage was over $500 and no one was injured whatsoever so we didn't report it (We stopped in time, our car was much lower than theirs and all it did was just rub off some of our paint onto theirs). They only took my boyfriends information they didn't get any of mine and I was the one driving. But the lady didn't even know that because the whole time she was on her phone. I know that when they reported it to the insurance company they said it was a hit and run, the subgorgation company told us that much. And I will be sure to see what evidence the dmv has.

SugarySugar said:

What is the name of your state? California


I did not have insurance at the time and her husband said that if we paid for the damage we made (which was only that a little bit of paint rubbed off onto their car) it would be ok. We agreed to this and went out seperate ways. Two weeks later the husband called and told us that we would have to pay $1400 to him to get the car fixed!!! We asked him for what damage were we paying for and he said the front and the back. We said that we wouldn't pay for damage that we didn't make. Then he said that if we didn't pay he would report it to the dmv.

A few months later my boyfriend (who was in the car with me but was not driving) got a letter saying that his license had been suspended. He called the dmv and asked why, the dmv said that he was involved in a hit and run accident or so the people who reported it said. Now some subgorgation company is calling us and saying that we owe the people about $4000 for damages to their car. They said that they found out who the car belonged to by the license plate which is a lie because we never took off and gave all of our information to them, and the car wasn't put into my boyfriend until about THREE WEEKS after the accident occured. I wanted to know if there was anyway to get my boyfriends license back and if we have to pay that subgorgation company. If we don't pay the company will anything happen? Thank you very much in advance.

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No one can report an accident as a hit and run weeks later, after the accident. It has to be reported immediately. So it doesn't make any sense that because they didn't get the money they asked for weeks later, they then reported it as a hit and run.

Pat88998899 said:

No one can report an accident as a hit and run weeks later, after the accident. It has to be reported immediately. So it doesn't make any sense that because they didn't get the money they asked for weeks later, they then reported it as a hit and run.

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Technically, there is no law in CA that prevents someone from reporting a hit-and-run after the fact. However, it makes prosecution that much more difficult if the delay is not reasonable.

In this case, I would think that proving the elements of the offense would be very difficult. I doubt that the police have been notified at all.

- Carl

"They only took my boyfriends information they didn't get any of mine "

That's why his license was suspended and not yours. You can contact the DMV and tell them that you were driving and your license will be suspended instead for not having insurance on your vehicle.