Leaving Scene of Accident in FL with damage.?

Question

My husband recently got into a fender bender with another motorist. She was stopped at a green light talking on her cell phone, my husband dropped his black & mild in his lap, looked down to pick it up and slightly bumped her left rear bumper with his right front bumper. He was already on his breaks and swerved to lessen the impact with her car. Well he pulled over, got out, checked on the lady and told her they needed to pull the vehicles off the road. After getting the vehicles off the road he told her, there's no damage to my car, or yours will you follow me to my home to get my insurance info. She says yes, he drives off. Gets back home and she is no where to be seen. Well about 5 min's later my phone rings and its the Florida Highway Patrol saying he needed to return to the scene of the crime. Well when he got back he was given a reckless driving ticket and a summons to appear in court for "leaving the scene of an accident without giving info, more then 50$ worth of damage" Which is total BS because her car was fine. Well on his ticket it says 3,000 worth of damage but the p.o.s she was driving isn't even worth 3,000. So anyways question is, what can he expect when he goes to court?

Answer 1

IF SHE WAS TALKIN ON HER PHONE IS HER FAULT. U SHUD CALL HER OR HAVE YO HUSBAND CALL HER AND TELL HER U KNOW WUT SHES DOIN AN THAT IT WONT WORK CASE U KNOW WHERE SHE LIVES. ALSO DONT LISTEN 2 THE POLICE THEY R PROBABLY LYIN 2 GET A CONVICTION. DONT TALK TO NE ONE BUT THE PROSECUTOR IF U HAVE 2 CAUSE THEY A LAWYER N THEY WILL HELP U.

Answer 2

Whoops. This happens a lot. A person claims no damage and then after they trick the other driver into breaking the law and leaving they suddenly "find' damage and call the police. The trick only works if one of the drivers can be tricked into leaving before the police arrive.



- In my state the fine for leaving is $1000 and a one year license suspension.

- The other driver will probably sue for the $3000 in damage - of course it is her word against the guy that got tricked. Her story will sound more credible since the guy looks like he sneaked away before the police could get there and then admitted not carrying insurance.

- Not carrying insurance card is also a hefty fine and more points on the driver's license. If he didn't have the hit and run charge they might have dismissed not carrying the insurance card.



This guy is now facing at least two misdemeanor criminal charges that will stay on his record forever as well as the civil suit for $3000. I would say it's time to invest in a criminal attorney for the traffic crimes. The reason the other driver hasn't and won't contact the insurance company is because she plans to sue you. The Florida small claims court max amount is $5000. So by keeping her claim under the max she can sue you directly without getting lawyers involved. Again the guy who hit and run will look more guilty.



One reason the law is written that way to require the people to stay at the scene is to protect both parties from just this kind of problem. The law could have been his protection

Answer 3

He can expect to be guilty of leaving the scene of an accident. The place to exchange information would have been at the scene, not at his house. As to the amount of damages, that will be determined if the other motorist files a claim. Leaving the scene of an accident without providing insurance information is illegal in any jurisdiction that I know of. As for the maount of damages listed on the criminal complaint, this may be simply what the police put on the ticket and may determine whether it is a different statute than if the damages were less. All that would be subject to evidentiary hearings. He should probably obtain the services of a traffic lawyer. As for the actual damages, his insurance company would either pay the claim or dispute it. If he rear-ended a car, it is very likely that he is liable.

Answer 4

They certainly can. There is most likely justification to take action, asuming that there is not a further ambulance simply across the nook or that the fireplace truck is fairly wanted on the alarm. Along the identical traces a individual citizen might do the identical factor if necesssary. Say you had been at the approach with a relative to the health facility and also you had been in an coincidence. If you might justify that you simply had to get to the health facility instantly and that last on the scene might prolong wanted medication you might no longer be charged with leaving the scene. Of direction you might ought to ensure you contacted the police to provide an explanation for your movements. There are exemptions to many legislation that enable you to violate them in severe or amazing occasions. For instance say you had been within the core of nowhere having a couple of beverages with a pal and your pal abruptly had a center assault. There is no person else round, no strategy to name an ambulance (no cellphone mobilephone, no apartment neighborhood) so that you force your pal to the health facility inebriated. This might be regarded a justifiable excuse (no longer that I advise you place your self on this crisis). Another instance might be a ladies with out a license using away to flee an abusive husband. Yeah Exigent Circumstance thats the word I used to be watching for.

Answer 5

Always better to wait for the cops to come to the scene but there must of been more damage then he saw or old damage or something?Weird? Call your insurance and get copies of what was repaired etc.Maybe it will be dropped when you show the proof in court.

Did he take any pics with his cell phone camera? that could help a lot.

Answer 6

He will most likely get charged with hit and run leaving the scene of a accident each fine could be as much as 1000.00 or more failure to control another150.00 lose of license for 5 years or more ordered to go to defensive driving at his cost 750.00 or more HELLO HIGH INSURANCE they will most likely double or triple if he can even still get it Why didnt he have all the information in his vehicle? that could also result in a fine THANK GOODNESS it wasnt a small child that he did see when he wasnt paying attention

Answer 7

He can expect to be found guilty. By law his insurance information is suppose to be on him not at home.