ATOT lawyers: File a police report or not for shady guy who caused accident?

Anonemous

Diamond Member
May 19, 2003
7,361
1
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Gonna be kinda long but here it goes...

So, I got into a minor accident while in a left turn lane. The car in front of me and I were both stopped at a left turn lane when suddenly he decides to reverse slowly into me. I honked and the dude kept drifting toward me until we collided. I had no room to manuever since I was essentially boxed in from behind. The dude comes out and starts taking pictures and indicating it was my fault. I basically told the guy to move so we look at the cars in a safer area. We pulled into a parking lot and I pulled up beside him. When I got out the dude was gone and nowhere by his car. I took pics of his plate and car and waited 10 minutes for him but he didn't come back. It was a minor scratch but the guy's behavior was kinda shady.

I called the police and they told me I had two options: I could report the incident but I would most likely be at fault since it was a rear end collision. (No I did not have a dash cam) They did not send an officer to investigate since there were no injuries and it was a scratch. The guy would get hit with a ticket for hit and run. But my insurance/DMV would be notified and my premiums would go up.

Or

I could not report the incident, the police call had a log of the conversation and information provided of the other vehicle. The officer I spoke to said I would be legally covered but since the dude had my plates he could essentially still come after me civilly. The police advised me to call insurance to file a no-claim (there isn't an option with my insurance for that).

What should I do?

1) Report to the insurance theres a possibility of a guy who's going to make a claim and raise my rates? (it was a minor scratch on the bumper but the dude's behavior was suspicious)
2) File a counter report just in case, an officer would investigate and find me at fault and the DMV/insurance would be notified, which would raise my rates as well.
3) Do nothing and hope the guy doesn't do anything.

(Yes I know a dash cam would've prevented all this.) :(
 

Vdubchaos

Lifer
Nov 11, 2009
10,408
10
0
ANY accident = Police + police report

If you don't, one day the other party will call police on you and blame you for accident + hit and run.

It happened to my friend....and shit he went through was just crazy. And he was trying to be the good guy and let the damage go (wasn't his fault).

Second he left the other party called police......
 

rudeguy

Lifer
Dec 27, 2001
47,351
14
61
option 3

Not worth the headache. Unless you are looking for a hobby that is.
 

Anonemous

Diamond Member
May 19, 2003
7,361
1
71
ANY accident = Police + police report

If you don't, one day the other party will call police on you and blame you for accident + hit and run.

It happened to my friend....and shit he went through was just crazy. And he was trying to be the good guy and let the damage go (wasn't his fault).

Second he left the other party called police......

Yea, but I called the police after the incident and got a log number of the conversation provided along with officer names. The police said this would cover me legally but civil matters was another thing.
 
Feb 4, 2009
35,178
16,615
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ANY accident = Police + police report

If you don't, one day the other party will call police on you and blame you for accident + hit and run.

It happened to my friend....and shit he went through was just crazy. And he was trying to be the good guy and let the damage go (wasn't his fault).

Second he left the other party called police......

Something similar happened to the younger version of me. I agree any accident, any call police and wait.
 

Anonemous

Diamond Member
May 19, 2003
7,361
1
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Something similar happened to the younger version of me. I agree any accident, any call police and wait.

Did call the police, they didn't have anybody available to come out since it was during rush hour and there were no injuries with a minor scratch.
 

rudeguy

Lifer
Dec 27, 2001
47,351
14
61
Did call the police, they didn't have anybody available to come out since it was during rush hour and there were no injuries with a minor scratch.

I think it really depends on what state you are in. Here in MI, people aren't lawsuit happy. If there is little damage and no injuries, police usually won't even come out. In other states, they come out because they know there will be a lawsuit and a police report will be needed.

Around here, you are fine. You stopped, checked out the damage, made sure there were no injuries.
 

Anonemous

Diamond Member
May 19, 2003
7,361
1
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I think it really depends on what state you are in. Here in MI, people aren't lawsuit happy. If there is little damage and no injuries, police usually won't even come out. In other states, they come out because they know there will be a lawsuit and a police report will be needed.

Around here, you are fine. You stopped, checked out the damage, made sure there were no injuries.

It's in Northern CA, San Jose area. So yea, some pretty litigious people out there. Especially with the scam artists backing into people to file for insurance claims.
 

rudeguy

Lifer
Dec 27, 2001
47,351
14
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It's in Northern CA, San Jose area. So yea, some pretty litigious people out there. Especially with the scam artists backing into people to file for insurance claims.

Should have said that in your OP. You people have insane laws that make no sense to anyone else.

Good luck.
 

Anonemous

Diamond Member
May 19, 2003
7,361
1
71
Yea, the officer kinda explained it this way:

1) I report -> officer investigates and finds I'm at fault.* -> insurance goes up along with DMV
2) I don't report -> guy files claim -> I'm at fault. -> insurance goes up along with DMV
3) I don't report -> guy doesn't pursue -> nothing

*In rear end collisions, the rear car is 90% at fault said the officer.
 

Jimzz

Diamond Member
Oct 23, 2012
4,399
190
106
That one good? G1WC was looking at the Korean Dash Cam but it's kinda pricy at $300.


Its good and less than $60. Check the forums for other personal reviews but so far it looks good.

I have a older dash cam but if buying now the G1W would be top of the list.
 

boomhower

Diamond Member
Sep 13, 2007
7,228
19
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I'd probably go with option #3. I'm surprised they will even do a report at this point, wouldn't here once the cars leave the scene. You've got pics and from your post I assume he doesn't. Any reasonable jury/judge is going to see that as he os obviously at fault and took off since he has none of that.
 

Uppsala9496

Diamond Member
Nov 2, 2001
5,272
19
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Yea, the officer kinda explained it this way:

1) I report -> officer investigates and finds I'm at fault.* -> insurance goes up along with DMV
2) I don't report -> guy files claim -> I'm at fault. -> insurance goes up along with DMV
3) I don't report -> guy doesn't pursue -> nothing

*In rear end collisions, the rear car is 90% at fault said the officer.

Younger version of me was in this exact situation about 25 years ago. Went with option 3. Of course guy gets a hold of police at day 29 or whatever the statute was to come after me. He basically extorted $800 out of me to "cover the cost" of the damage.
So expensive lesson learned.

Report it to your insurance. Deal with a rate increase if that happens. Explain everything to them and if he doesn't report anything maybe your rates won't go up (no idea).
 

Anonemous

Diamond Member
May 19, 2003
7,361
1
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I'd probably go with option #3. I'm surprised they will even do a report at this point, wouldn't here once the cars leave the scene. You've got pics and from your post I assume he doesn't. Any reasonable jury/judge is going to see that as he os obviously at fault and took off since he has none of that.

He took pics of me and car I believe. I was only able to get pics of his car, damage, and plate when he parked.
 

Tommy2000GT

Golden Member
Jun 19, 2000
1,832
3
81
Sounds like a Mexican who did that. Likely he will try to extort from you. In this day everyone really needs a dash cam.

Keep the racist comments out of here. admin allisolm
 
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Anonemous

Diamond Member
May 19, 2003
7,361
1
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We'll see, I got the G1WH dash cam, hope it was worth the extra $13 for it. As for the police report, I decided to forgo reporting for now since it seems like a lose-lose scenario (I report, I am at fault; I don't report, I am at fault). I have a referenced call log to the CHP dispatch indicating I called the police right after the incident with the event details. I wrote down the entire event and sent it in an email to myself for record keeping. Will update if the other driver tries to do anything.
 

Gooberlx2

Lifer
May 4, 2001
15,381
6
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I called the police and they told me I had two options: I could report the incident but I would most likely be at fault since it was a rear end collision.

Similar sorts of situations have happened twice to my wife. Both times the car was abandoned and both times they were stolen vehicles. The first she was cut off then brake checked on the highway and forced to rear-end the driver. When she refused to give them any sort of personal information until the police arrived, the other driver promptly took off. She did record the plate, which the cops said came back stolen. The second time, the driver ran and bailed a couple miles down the road.

The driver not sticking around is odd and I bet the cops would agree.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
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A dash cam is not going to help the OP now.

OP not all accidents = your insurance going up.