Can I be accused of hit and run without evidence?
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Can I be accused of hit and run without evidence?
An investigator came to knock on my door and said that I and a vehicle my wife owns we’re involved in a hit and run. I explained that that is impossible and that neither my wife or I were involved in any accident. He insisted that our can looks like it had recent damage. This isn’t true. My wife crashed our van years ago but he kept arguing the accident looked fresh. He said he would impound the car. I did not give him my information. What to do now?
Asked on May 28, 2012 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
As you write, it's not the case that there is *no* evidence--there is evidence (damage to the car) which you believe is not relevant to the current situation, but which could, on its face, provide some evidence of an accident.
To be convicted of a crime, there must be evidence "beyond a reasonable doubt"; to lose a civil lawsuit, you must be shown to be at fault and responsible for some damage "beyond a preponderance of the evidence"--or that it's more likely than not that you are responsible. The threshhold for either filing charges or initiating a lawsuit is lower still, but there must be at least some evidence. It would seem to require more than just evidence that your car is damaged--for example, an eyewitness describing a car looking like yours as being the hit and run vehicle, coupled with the damage to your car. Therefore, it is unlikely that you be charged or face any legal liability without something more, though that something could be almost anything: e.g. eyewitness testimony, a picture from a stop light camera, etc.
If you are potentially being accused of a hit and run, retain an attorney, and do NOT say anything to anyone without clearing it with your lawyer. And do not allow anyone to take your car just on their say-so, without speaking with your attorney--besides the fact that you don't want to give the other side potential evidence against you, it is also possible this part of some sort of scam to steal your car--did you check the bona fides or credential of the investigator, for example?
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