It can be any day of the week, any where. You’re in a parking lot, driving on the freeway, or driving in an unfamiliar neighborhood. “Boom!!” You strike something with your car- a mailbox, a light pole, another car…. You panic and flee. What happens next? Well first things first you just committed a misdemeanor offense, punishable by imprisonment in the county jail up to 6 months and a fine of $1000, or both. (However if someone is injured during a hit and run it can become a felony and the stakes are much higher) The law spelling out the offense is as follows:
20002. (a) The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault. The driver shall also immediately do either of the following:
(1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver’s license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver’s license information, if available, or other valid identification to the other involved parties.
(2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.
(b) Any person who parks a vehicle which, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in damage to any property, attended or unattended, shall comply with the requirements of this section relating to notification and reporting and shall, upon conviction thereof, be liable to the penalties of this section for failure to comply with the requirements.
(c) Any person failing to comply with all the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
1st and foremost, once you get to your destination after the hit and run, DO NOT CALL your insurance company. Anything you say to them can be procured by law enforcement and used against you to show you were driving the car. Just because the car is registered to you, does not mean you are guilty of committing the offense. Some one has to either identify you specifically as the driver, OR your own admission that you were driving can suffice as well. So 2nd, if law enforcement comes knocking. Decline to speak with them. You are under no obligation to talk to them. They can confiscate your car for a period of time as evidence, but you are under no obligation to discuss with them how your car was damaged, where you were at a particular time, or who was driving you car. DECLINE TO SPEAK TO THEM. 3rd and finally, contact a good lawyer. Better yet, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich. We’ve have been helping criminal defendants for over 30 years. Call us at (888) 280-6839 or visit us at www.wklaw.com.
