How can I handle a hit and run accident?

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How can I handle a hit and run accident?

Technically, I went back to the scene and talked things out with the victim and explained why I left due to a natural reaction of being scared. Now we are on the process of finding restitution for the victims car but im not sure if I know what I’m doing because it has already been reported but the victim is willing to look beyond that and just getting this out the way with out court.

Asked on October 22, 2012 under Accident Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, it's good that you went back to share your information.  As long as law enforcement and the victim are okay with going forward without any criminal charges, then you can proceed like you would for any other vehicle accident.  If your insurance companies are not involved, you could contact them to have them help both of you with deciding the restitution amount.  You can also just work with the victim to come to an agreement on the amount of restitution and an a payment plan for the restitution.  Regardless of the amount that you come up with, make sure that you keep proof of the payments that you make.  This victim may be amicable at this point, but if they decide to file a civil suit against you later, you will want to have verification of the payments that you have already made.

If the law enforcement does decide to go forward with misdemeanor charges of property damage "hit and run", then you can still work with the victim to repay restitution.  However, make sure that the prosecuting attorney's office gets copies of your agreement and your proof of payments.  They can take into consideration your efforts to make the victim whole when deciding if and how to go forward on your case.

 


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