+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 18
  1. #1
    wdavis366 is offline Junior Member
    Join Date
    Nov 2005
    Posts
    11

    Leaving the scene of an accident but returned later

    What is the name of your state? I live in the state of Georgia
    on thurs, oct 13, 2005, I was pulling out of the parking lot. I cleared my way in back to make sure there were no cars and then proceeded to back out in the lots across from me. I then looked in my rear view and slammed on brakes as i have a blind spot on the drivers side in my van. I thought I had just slammed on brakes before making contact with this vehicle. I then backed in to the space and left. I sincerely thought I had missed hitting it when I slammed on brakes.

    When I arrived home I noticed paint missing of the back rear driver side bumper. I then got in my car and went back to the office where I spoke with the receptionist and asked if anyone had inquired about an accident or had the police been there? she said no so I proceeded to give my name and phone number. She said she would try to find the person for me. On sat oct 15, 2005 the person left a message on my phone stating that he was the one that was hit he filed a police report but we could take care of this matter on our own. So I agreed. He told me that day that the repairs was 250.00 and I told him that I would have it by Nov. 1.

    My friend wanted to call and make sure that I was not being scammed as I am new to Atlanta. She said old folks are scamming people so she just wanted to verify that the repairs were 250.00 so she asked them to fax over the estimate. She told him that she was on her way to a lawyers office and she wanted to see the estimates to make sure that it was correct. I did not speak with him again until oct 31, and that's when he told me this. When I called him the night before to tell him that I would be mailing it, he said no, its too late. you had your lawyer friend to call me. you went and got a lawyer. I said no I didn't that was my friend to make sure that you were not trying to scam me. He said why did you have to tell somebody? So he said I have turned it over to the police.

    So I went to the police station and gave them my info as I should have done from day one. I saw that there was a witness that said he saw a silver van back into the car and that he saw me get out and look at the damage which is not true!! I would not be in this trouble if I had looked also my van is gold not silver. From day one I was trying to do the right thing as soon as I found out. I have insurance a clean record and I have no need to leave the scene of the crime. I saw people in the parking lot that day. I believe I saw the witness that made the statement. So it does not make sense that I would do this with witnesses around in broad daylight!! At no time did I get out and look at any damage.

    If I had I would have went back to the office to find the person or have waited in the parking lot. I have just been trying to pay this man for the damages since day one as soon as I realized. Now he has taken this too far and this has gotten out of hand. The only thing I am guilty of is not following the correct procedure for an accident. But I unknowningly hit this man's car. Do I need a lawyer? and what kind of fines am I facing? I saw that you can get up to 12 months in jail.
    Last edited by wdavis366; 12-18-2005 at 12:01 AM. Reason: added to title
  2. #2
    wdavis366 is offline Junior Member
    Join Date
    Nov 2005
    Posts
    11
    why does everyone read this but offer no advice?????
  3. #3
    justalayman is offline Senior Member
    Join Date
    Nov 2005
    Location
    in the ether
    Posts
    33,874
    Quote Originally Posted by wdavis366
    why does everyone read this but offer no advice?????
    The replies on this site are voluntary. Many times people will read your post and not have any help or even suggestions. Many (hopefully most) of the people that post/advise do not sit on their computers all day waiting for the next post.

    There are some [B]very knowledgeable folks that aid those in need. It may be that those with the pertinent knowledge have not been here.....

    yet.

    Hang tight..
  4. #4
    You Are Guilty is offline Senior Member
    Join Date
    Jun 2004
    Posts
    10,922
    And there are plenty of us who you don't want to respond to your post.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  5. #5
    sukharev is offline Member
    Join Date
    Oct 2005
    Posts
    982
    Asking same question twice in different forum does not help, either
  6. #6
    Join Date
    Nov 2005
    Location
    Murfreesboro,Tennessee
    Posts
    61
    Let me put it to you this way. In most of the south. Leaving the scene of an accident is a felony offense.
  7. #7
    lwpat is offline Senior Member
    Join Date
    May 2003
    Posts
    2,607

    Georgia Leaving Scene of Accident

    The first thing you need to do is to go ahead and clear up the damages. You can do this by turning it over to your insurance company or paying the money. This has nothing to do directly with the ticket but needs to be taken care of before your trial date. Have him sign a full release properly witnessed. You can get forms off of a lot of legal sites.

    Then show up on your court date and plead not guilty. Since you left you name and number with the receptionist and that is how he knew to contact you, that should be sufficient. You might want to get a notarized statement from her. This may not be admitted by the judge in a trial but the ADA might look at it and dismiss. In GA you do have the right for a jury trial and I doubt they would want to take this case that far.

    "40-6-270.
    (a) The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall: "

    The key here is the other vehicle must be either driven or attended. The receptionist should qualify as the "attendee" and you complied with the law by giving her your name and number.

    The other part is if you settle with the other driver he will not be interested in showing up for court. Unless he shows there will be no one to testify against you so they will have to dismiss. Even if he refuses to settle or provide an estimate this has nothing to do with the ticket. The damages are a civil matter and he would have to sue in small claims.

    If you have been charged under another statute, please post the reference.
  8. #8
    wdavis366 is offline Junior Member
    Join Date
    Nov 2005
    Posts
    11
    Thank you for that info. First of all, I posted this twice because no one was responding so I figured that I had it in the wrong forum. I apologize.

    Yes, you have the correct statute. What if she does not want to give me a notarized statement or wants no involvement?

    And what about the lying witness that said he saw me hit then get out and look at the evidence? Said I was driving a silver car?

    The other driver has alreadys said that his insurance company has told him not to talk with me anymore. So I should just give my ins. co. his info?

    Will the ins. co. even respond to this since it happened in Oct.?

    The other driver and I have the same ins. co.-Progressive.
  9. #9
    wdavis366 is offline Junior Member
    Join Date
    Nov 2005
    Posts
    11
    also, this guy said that he does not want my money now. let the police/courts handle it and by the way, he says, it will be more than originally quoted. However, he faxed me a report that shows the damage to be 250.00
  10. #10
    RedemptionMan is offline Member
    Join Date
    Dec 2005
    Posts
    602
    First off clam down. The forces at work here care nothing about your clean record. You need an attorney NOW. From what you have said you have a good case. If you are able to settle up on the insurance claim do that now before any type of criminal proceeding. The civil matter is a LOSER and you are going to have to pay (either settle up or pay more when you go to court).

    All they need to charge you with leaving the scene is a signed affidavit however proving it is another story. You are in need of an attorney- either spend a little now or a WHOLE bunch later......

  11. #11
    wdavis366 is offline Junior Member
    Join Date
    Nov 2005
    Posts
    11
    Unfortunately I will not be calm until this whole ordeal is over. I know I have to pay the man that is what I offered to do since day one of this accident.

    But my question is, he said he will not deal with me anymore. So how do I file a claim? Just call my insurance company and give him his information?

    If the ins. co. calls him, what if he tells him that he wants to settle this in court? he is trying to get all that he can now.

    Please explain. thanks
  12. #12
    RedemptionMan is offline Member
    Join Date
    Dec 2005
    Posts
    602
    Quote Originally Posted by wdavis366
    Unfortunately I will not be calm until this whole ordeal is over. I know I have to pay the man that is what I offered to do since day one of this accident.

    But my question is, he said he will not deal with me anymore. So how do I file a claim? Just call my insurance company and give him his information?

    If the ins. co. calls him, what if he tells him that he wants to settle this in court? he is trying to get all that he can now.

    Please explain. thanks
    Is there more to the story then you are telling? It sounds like he is pumped up about you breaking the law. Your insurance company has a legal staff and will represent you on the claim. Ask them to handle it for you. It sounds like the guy is after your punishment not a 250 dollar car repair. He will only get what the actual claim damages are and you will have a whole bunch of legal fees to pay along with those damages. That is why you need to talk with your insurance company tell them what you are charged with and see if they can not do the civil claim for you and recommend you to a criminal defense attorney....
  13. #13
    wdavis366 is offline Junior Member
    Join Date
    Nov 2005
    Posts
    11
    yes, exactly. he wants to see me punished even though I told him what happened.

    As stated in my story, he was going to let me pay the 250.00 until he got pissed off that my friend called him and asked him to fax the estimates. but I think he probably talked with someone and they told them to nail me.
  14. #14
    wdavis366 is offline Junior Member
    Join Date
    Nov 2005
    Posts
    11
    when i get a lawyer, is it possible for the lawyer to have the settled out of court? or does that mean pleading guilty?

    Again, should I give my ins. co. this guy's info? we have the same ins. co.
  15. #15
    sukharev is offline Member
    Join Date
    Oct 2005
    Posts
    982
    Quote Originally Posted by wdavis366
    Again, should I give my ins. co. this guy's info? we have the same ins. co.
    Probably the best idea you have so far. That's what insurances are for.

Similar Threads

  1. Leaving the Scene of an Accident
    By gaoneal in forum Speeding and Other Moving Violations
    Replies: 2
    Last Post: 05-07-2011, 09:58 PM
  2. Leaving the scene of an accident
    By billybob in forum Speeding and Other Moving Violations
    Replies: 1
    Last Post: 01-29-2006, 07:41 PM
  3. Accident: Being charged with wreckless driving & Leaving the scene of accident...
    By jtrageser in forum Auto Accidents and Vehicle Claims
    Replies: 4
    Last Post: 04-26-2005, 09:26 AM
  4. leaving the scene of an accident
    By anap1970 in forum Auto Accidents and Vehicle Claims
    Replies: 4
    Last Post: 04-21-2004, 11:50 AM
  5. Leaving the scene of an accident...
    By WGavigan in forum Auto Accidents and Vehicle Claims
    Replies: 8
    Last Post: 02-11-2003, 06:09 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.