What constitutes a hit and run?

UPDATED: Aug 19, 2011

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What constitutes a hit and run?

I parked my motorcycle in painted metered space at least 3 ft behind an SUV. It was knocked over when she backed up. It was at night. We were in the same space. She didn’t give info but she and her friend didn’t think there was damage. But there is some. Filed a report. Is she liable for damages?

Asked on August 19, 2011 California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In California, the criminal offense of a "hit and run" occurs when a person driving s motor vehicle damages personal property, injures a person or both and does not stop to render assistance and provide information. Rather, the incident happens and the driver of the motor vehicle speeds off.

From what you have written, the conduct of the driver of the sports utility vehicle does not seem to have amounted to a "hit and run" under California's criminal statute. However, if there was damage to your motorcycle caused by the driver, the driver of the automobile would be liable for all damages caused to your motorcycle and its costs of repairs.

You should report the damage to your insurance carrier for the motorcycle assuming you have insurance placed.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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