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Parking lot incident in NEW JERSEY

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Snowtc

New member
Setting the premises, I work at a local Bestbuy in NEW JERSEY and utilize the parking lot in front of the store to leave my vehicle parked while I work. I had a customer claim I dinged his door and called the cops on me. I did not open my car door into his car and the cameras at Bestbuy we’re not pointed at that location so there could be no video evidence to support either claim. Guy claims his wife is a police officer and threatens me inside the Bestbuy location only to be kicked out by management. Guy calls police and tells HIS side of story, and police lets him go without giving me a chance to examine the vehicle and come up with evidence to defend myself. Police officer already approaches me as it’s my fault, I ask to see the damages and he walks with me outside and points at paint on my door as the supporting evidence for his “investigation”. Reading on forums and talking to other people, I’m struggling to understand how that’s enough evidence to support this claim as there is no video evidence, and no witnesses. There is damage on both cars (supposedly).
As a side note the guy threatened me by saying his wife is an officer and he said “You don’t know who you’re f***ing with, I’m having her call her buddies” I can have my coworkers corroborate this threat. What’s the best way to proceed as I believe the officer who came was indeed their friend and as stated before I did not open my car door to hit his vehicle.
Thank you for any attention!
Edit 1: my main worry is pursuing this and being charged with a hit and run as stated by officer, he filed an incident claim but made it very clear it could have easily been a “hit and run”
Edit 2: thank you everyone for the attention! I will update once I get the report and have more details from insurance!
 
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BuyLowSellHigh

Active Member
Sounds like a bunch of hot air. Did the office give you a police report number? You could go to the police department and get a copy of the police report to see what it actually says and if there was actually any report filed at all. Even if a report was filed you may not be mentioned in the report.

If there is a report that has been filed and you are mentioned, I would suggest you talk to the police department about making a complaint. I had an incident when a police officer treated me inappropriately. I filed a complaint and was contacted by a captain within their internal affairs department. They had a series of complaints against this officer and took disciplinary action.
 

FlyingRon

Senior Member
"Coulda been" means nothing. The cops aren't going anywhere with this at this point. It's a pure civil issue no matter WHO he claims to know. Feel free to contact your insurer with your side in case he contacts them directly. They'll almost certainly tell him to pound sand unless he files an actual law suit or his insurance becomes involved.
 

HighwayMan

Super Secret Senior Member
Opening your car door while stationary and hitting/damaging another stationary vehicle is not a motor vehicle accident and "hit and run" doesn't even apply here.

It's best to ignore this guy and as Ron said just give your insurance company a heads up. This guy can threaten you all he wants - it means nothing unless he actually sues you and I see the chances of that being small.
 
It happened on private property so most traffic laws don't apply.
As a cop we would only respond to a fender bender in a private parking lot to take down the drivers information for them to give the report to the insurance company. We didn't have to, it was a courtesy.
We never 'investigated' or decided who was at fault as it was not a criminal matter.
 

FlyingRon

Senior Member
It happened on private property so most traffic laws don't apply.
Actually, they do apply. The "hit and run" statute just says if you injure someone or damage property while OPERATING a motor vehicle you have to exchange information. There's no "out" for private property. However, as Highway points out, opening doors while parked isn't "operating" a vehicle. And anyhow, even if there as a duty to stop, the person did stop. The "coulda been" thing is specious.
 

zddoodah

Active Member
That's a long post for having no question.

If there's a police report, get a copy. Also report the matter to your auto insurance carrier. Probably nothing will come of it, and I agree that it's not a hit and run situation.
 

HighwayMan

Super Secret Senior Member
It happened on private property so most traffic laws don't apply.
You really can't apply traffic laws wherever you used to work to every other state in the country.

In New Jersey, a private property owner can request their plot of land to be covered under the state traffic code. It allows police to enforce general traffic regulations as well as signage posted in the lot – essentially, everything covered under Title 39 of the state code, which is enforced on all public roadways.
 
You really can't apply traffic laws wherever you used to work to every other state in the country.

In New Jersey, a private property owner can request their plot of land to be covered under the state traffic code. It allows police to enforce general traffic regulations as well as signage posted in the lot – essentially, everything covered under Title 39 of the state code, which is enforced on all public roadways.
Can you point out the section of Title 39 please.
All I could find is that the owner on private property can put up traffic lights and they have to be obeyed.
I must admit that my eyes became blurry after a while because of the sheer number of laws they have, but just to make sure I don't run foul of any of the laws I'm just going out to count my bells ;)
https://law.justia.com/codes/new-jersey/2013/title-39/section-39-4-15/
 

Zigner

Senior Member, Non-Attorney
Can you point out the section of Title 39 please.
All I could find is that the owner on private property can put up traffic lights and they have to be obeyed.
I must admit that my eyes became blurry after a while because of the sheer number of laws they have, but just to make sure I don't run foul of any of the laws I'm just going out to count my bells ;)
https://law.justia.com/codes/new-jersey/2013/title-39/section-39-4-15/
It's actually moot. The New Jersey code relating to this matter doesn't differentiate between public or private property.
 
It's actually moot. The New Jersey code relating to this matter doesn't differentiate between public or private property.
Their definition of highway disagrees.
"Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
https://law.justia.com/codes/new-jersey/2013/title-39/section-39-1-1/
This means I only have to check my bells if I drive on the highway, anywhere else I can go bell less ;)
 

Zigner

Senior Member, Non-Attorney
Their definition of highway disagrees.
"Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
https://law.justia.com/codes/new-jersey/2013/title-39/section-39-1-1/
This means I only have to check my bells if I drive on the highway, anywhere else I can go bell less ;)
https://law.justia.com/codes/new-jersey/2013/title-39/section-39-4-129/

I see no reference to "highway" in the applicable statute.
 

Snowtc

New member
That's a long post for having no question.

If there's a police report, get a copy. Also report the matter to your auto insurance carrier. Probably nothing will come of it, and I agree that it's not a hit and run situation.
“What’s the best way to proceed as I believe the officer who came was indeed their friend and as stated before I did not open my car door to hit his vehicle.”
That's a long post for having no question.

If there's a police report, get a copy. Also report the matter to your auto insurance carrier. Probably nothing will come of it, and I agree that it's not a hit and run situation.
“What’s the best way to proceed as I believe the officer who came was indeed their friend and as stated before I did not open my car door to hit his vehicle.”
thank you for the attention and advice! I will update this post once I have a copy of the report and hear back from the insurance.
 

HighwayMan

Super Secret Senior Member
And if he was their "friend"? The report he wrote, IF he did write a report, is based upon nothing substantial. The report itself is not admissible in court anyway.
 

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