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Is this hit and run? do I have to file police report?
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amother
Orange


 

Post Thu, Nov 15 2018, 1:27 pm
Does anyone know the law in NYC regarding what constitutes a "hit and run"?

If my ds bumped into a parked car and he left but put his number under the windshield of the damaged car. Then the owner of the damaged car (who was in front of my son and this owner was blocking metal plate/parked illegally..) called and we said well put in a claim and give him claim number so he can get money for his car to be fixed. So, then, he called police to file a report and says police says its "hit and run" bec left scene.

But, he left info to get in touch and we did get in touch. I said why is police saying it's hit and run but the police didnt give owner of damaged car a ticket for being illegally parked?? I said to the police is biased (I know ds still has to pay for damage through insurance but at least if he wants to point fingers, well if police sees illegal parking, give ticket.)

Then, ds called up precinct and a policewoman there said its not hit and run if u gave information and pay for the damage through insurance or...

So 2 policemen contradicting and clearly the policeman took sides then ds didnt want give his name to owner of damaged car bec GEICO said he can just give the claim number and the owner can get the money after assessing damage....

So ds gave the claim number.

Does anyone know if a person is required by law to file a police report??

I thought there is 24 hrs to do it. And, I thought its just to "cover oneself" so your side is taken into account.

I'm confused here. And wanted to know if anyone had this ....

Later the policewoman at the precinct said ds can go and get a civilian accident form to file for his side of the incident..


I'm worried about the whole accusation of hit and run and surprised bec I thought the goal is that the person who caused damage pay and as long as ds gave his number and claim number to reimburse this man through insurance, I didnt know one needed to call police.


Anyone know NYC law or had a similar experience and can share???
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amother
Smokey


 

Post Thu, Nov 15 2018, 1:35 pm
this is not a theoretical - but a fact specific situation. Call a lawyer.
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amother
Apricot


 

Post Thu, Nov 15 2018, 2:08 pm
Just had this last year. Some kid crashed into my (legally) parked car. If no one gets hurt it could take hours/a whole day/never for the police to show up. I spoke to the insurance company at the scene of the crash, and it was fine. He left his info at the scene at the insurance is going to pay? It's not a hit and run. But make sure it wasn't filed like that- maybe now you do need a lawyer
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amother
Apricot


 

Post Thu, Nov 15 2018, 2:10 pm
So we never filed a police report because we got a claim #.
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amother
Orange


 

Post Thu, Nov 15 2018, 2:37 pm
amother wrote:
Just had this last year. Some kid crashed into my (legally) parked car. If no one gets hurt it could take hours/a whole day/never for the police to show up. I spoke to the insurance company at the scene of the crash, and it was fine. He left his info at the scene at the insurance is going to pay? It's not a hit and run. But make sure it wasn't filed like that- maybe now you do need a lawyer


But I'm sure it was filed like that bec policeman kept saying that and ds wasn't there but ds didnt give his name to the owner bec he made sure to say it was hit and run. But, a claim number was given which is all he needs to get reimbursed from insurance.

If policeman is say its hit and run we can't do anything unless we,know the law which I'm posting. Hes not paying a lawyer.
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amother
Aubergine


 

Post Thu, Nov 15 2018, 3:37 pm
amother wrote:
But I'm sure it was filed like that bec policeman kept saying that and ds wasn't there but ds didnt give his name to the owner bec he made sure to say it was hit and run. But, a claim number was given which is all he needs to get reimbursed from insurance.

If policeman is say its hit and run we can't do anything unless we,know the law which I'm posting. Hes not paying a lawyer.


First, you're not allowed to hit an illegally parked car. I doubt that helps him.

Next, without very specific details, no one can tell you if its considered to be a hit and run. We can tell you that he could face a hefty fine, a couple of weeks in jail, and points on his license if it is. Sounds like its worth calling a lawyer to me.
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amother
Magenta


 

Post Thu, Nov 15 2018, 3:47 pm
amother wrote:
But I'm sure it was filed like that bec policeman kept saying that and ds wasn't there but ds didnt give his name to the owner bec he made sure to say it was hit and run. But, a claim number was given which is all he needs to get reimbursed from insurance.

If policeman is say its hit and run we can't do anything unless we,know the law which I'm posting. Hes not paying a lawyer.


Let me see if I understand. Your son won't pay for a lawyer. Your alternative is asking lawyers in the internet to risk their license and assume responsibility for free. Or you are asking legal advice from non- lawyers.
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amother
Blonde


 

Post Thu, Nov 15 2018, 4:22 pm
amother wrote:
Does anyone know the law in NYC regarding what constitutes a "hit and run"?

If my ds bumped into a parked car and he left but put his number under the windshield of the damaged car. Then the owner of the damaged car (who was in front of my son and this owner was blocking metal plate/parked illegally..) called and we said well put in a claim and give him claim number so he can get money for his car to be fixed. So, then, he called police to file a report and says police says its "hit and run" bec left scene.

But, he left info to get in touch and we did get in touch. I said why is police saying it's hit and run but the police didnt give owner of damaged car a ticket for being illegally parked?? I said to the police is biased (I know ds still has to pay for damage through insurance but at least if he wants to point fingers, well if police sees illegal parking, give ticket.)

Then, ds called up precinct and a policewoman there said its not hit and run if u gave information and pay for the damage through insurance or...

So 2 policemen contradicting and clearly the policeman took sides then ds didnt want give his name to owner of damaged car bec GEICO said he can just give the claim number and the owner can get the money after assessing damage....

So ds gave the claim number.

Does anyone know if a person is required by law to file a police report??

I thought there is 24 hrs to do it. And, I thought its just to "cover oneself" so your side is taken into account.

I'm confused here. And wanted to know if anyone had this ....

Later the policewoman at the precinct said ds can go and get a civilian accident form to file for his side of the incident..


I'm worried about the whole accusation of hit and run and surprised bec I thought the goal is that the person who caused damage pay and as long as ds gave his number and claim number to reimburse this man through insurance, I didnt know one needed to call police.


Anyone know NYC law or had a similar experience and can share???


Yes, it is against the law to leave the scene of “an accident,” even a minor one...that’s what I was told by a cop once.
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amother
Tangerine


 

Post Thu, Nov 15 2018, 6:05 pm
I think if the damage is minor, I think less than $500 in NJ, and no one is hurt. But that is if both parties agree to that at the scene. Your son technically left the scene, because the other party wasn't there, but who would be bringing charges?
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amother
Orange


 

Post Thu, Nov 15 2018, 8:34 pm
amother wrote:
Let me see if I understand. Your son won't pay for a lawyer. Your alternative is asking lawyers in the internet to risk their license and assume responsibility for free. Or you are asking legal advice from non- lawyers.


This post is not nice and u shouldnt respond if u have nothing nice to say. Since ive been living in the "real world", I know that some of the best advice/"knowledge" comes from ppl who experienced the same or similar situation, even if those ppl are non lawyers. If u are a lawyer on here and dont want to give advice about the law bec u are not getting paid and u are afraid to help someone with ur knowledge of a law, then dont respond. There are ppl that know that are not lawyers.
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imasoftov




 
 
    
 

Post Sun, Nov 18 2018, 1:30 am
amother wrote:
This post is not nice and u shouldnt respond if u have nothing nice to say. Since ive been living in the "real world", I know that some of the best advice/"knowledge" comes from ppl who experienced the same or similar situation, even if those ppl are non lawyers. If u are a lawyer on here and dont want to give advice about the law bec u are not getting paid and u are afraid to help someone with ur knowledge of a law, then dont respond. There are ppl that know that are not lawyers.

If you don't like the free advice available here, go pay for some.
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amother
Orange


 

Post Sun, Nov 18 2018, 5:00 pm
imasoftov wrote:
If you don't like the free advice available here, go pay for some.


U are misunderstanding as the other poster did not give me any advice and just criticized.
I didnt ask for advice about if I should go to a lawyer. And, nowhere in my post did I say im posting this for lawyers. Just as some ppl post here asking ques about investing and buying houses etc....they know they need to pay someone for professional advice but they want to learn as much about the topic from ppl who experienced it even the ppl who are not working in the field can help based on her experience.

Im tryimg to understand why u would comment with such disgust when everyone here and the world asks for "free" advice before deciding which professional to look into going to. My friend whos a dr will give me "free advice" that maybe my child has an ear infection but I know I still need to go to the dr. Or if my friend whos a teacher gives "free advice" to another friend that her son probably has adhd .....do u think only lawyers deserve payment for "free advice" and not drs, teachers, caterers, therapists....we get advice from everyone on this site. Its all free and this site is not only lawyers.

Wow im wondering why u and the other poster have to be so mean by making it seem like I want a free service. Pls tell me how anyone can post here according to u since they are getting "free advice"?? (And, if someone posts free advice that has nothing to do with my post how is that helpful??no I dont want free or paid advice thatvis both irrelevant and mean)
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imasoftov




 
 
    
 

Post Mon, Nov 19 2018, 2:41 am
amother wrote:
U are misunderstanding as the other poster did not give me any advice and just criticized.
I didnt ask for advice about if I should go to a lawyer. And, nowhere in my post did I say im posting this for lawyers. Just as some ppl post here asking ques about investing and buying houses etc....they know they need to pay someone for professional advice but they want to learn as much about the topic from ppl who experienced it even the ppl who are not working in the field can help based on her experience.

Im tryimg to understand why u would comment with such disgust when everyone here and the world asks for "free" advice before deciding which professional to look into going to. My friend whos a dr will give me "free advice" that maybe my child has an ear infection but I know I still need to go to the dr. Or if my friend whos a teacher gives "free advice" to another friend that her son probably has adhd .....do u think only lawyers deserve payment for "free advice" and not drs, teachers, caterers, therapists....we get advice from everyone on this site. Its all free and this site is not only lawyers.

Wow im wondering why u and the other poster have to be so mean by making it seem like I want a free service. Pls tell me how anyone can post here according to u since they are getting "free advice"?? (And, if someone posts free advice that has nothing to do with my post how is that helpful??no I dont want free or paid advice thatvis both irrelevant and mean)

I think you should delete your account.
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amother
Orange


 

Post Mon, Nov 19 2018, 6:27 am
imasoftov wrote:
I think you should delete your account.


Well this post shows u clearly have no respect for certain ppl and u obviously ignored my points. This entire site is based on free advice. Lawyers are not more special than any other professional here who gives free advice which is majority on this site.
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amother
Magenta


 

Post Mon, Nov 19 2018, 6:50 am
amother wrote:
U are misunderstanding as the other poster did not give me any advice and just criticized.
I didnt ask for advice about if I should go to a lawyer. And, nowhere in my post did I say im posting this for lawyers. Just as some ppl post here asking ques about investing and buying houses etc....they know they need to pay someone for professional advice but they want to learn as much about the topic from ppl who experienced it even the ppl who are not working in the field can help based on her experience.

Im tryimg to understand why u would comment with such disgust when everyone here and the world asks for "free" advice before deciding which professional to look into going to. My friend whos a dr will give me "free advice" that maybe my child has an ear infection but I know I still need to go to the dr. Or if my friend whos a teacher gives "free advice" to another friend that her son probably has adhd .....do u think only lawyers deserve payment for "free advice" and not drs, teachers, caterers, therapists....we get advice from everyone on this site. Its all free and this site is not only lawyers.

Wow im wondering why u and the other poster have to be so mean by making it seem like I want a free service. Pls tell me how anyone can post here according to u since they are getting "free advice"?? (And, if someone posts free advice that has nothing to do with my post how is that helpful??no I dont want free or paid advice thatvis both irrelevant and mean)


You said your son won't pay for an attorney. So do a different dance, and don't try to say you were gathering advice in advance of going to a professional. That's not true.

Another poster told you what you want to know is fact specific. I am reminding the other attorneys not to risk their licenses on answering your post. Once they give advice, they assume liability for it.

Lawyers do give free advice. It is called pro bono. They need to do it in a professional manner.

A doctor who diagnosis your child at a party without the child present is an idiot who better carry more than minimum malpractice. Teachers aren't doctors and can't evaluate your child. They can only suggest getting an evaluation.

Go to an attorney. There may be more here than state law involved.

This isn't legal advice.
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amother
Orange


 

Post Mon, Nov 19 2018, 11:15 am
amother wrote:
You said your son won't pay for an attorney. So do a different dance, and don't try to say you were gathering advice in advance of going to a professional. That's not true.

Another poster told you what you want to know is fact specific. I am reminding the other attorneys not to risk their licenses on answering your post. Once they give advice, they assume liability for it.

Lawyers do give free advice. It is called pro bono. They need to do it in a professional manner.

A doctor who diagnosis your child at a party without the child present is an idiot who better carry more than minimum malpractice. Teachers aren't doctors and can't evaluate your child. They can only suggest getting an evaluation.

Go to an attorney. There may be more here than state law involved.

This isn't legal advice.


So u are saying lawyers and doctors can't give free advice on internet anonymously about some law that I'm asking about but other professionals can ??? Why are they in a different category from a therapist or nurse or.....
(I wasn't asking anyone who doesn't want to advise me to di so but I dont agree that lawyers and drs are more special than any other professional in terms of sharing advice like everyone does here)
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amother
Smokey


 

Post Mon, Nov 19 2018, 11:26 am
amother wrote:
You said your son won't pay for an attorney. So do a different dance, and don't try to say you were gathering advice in advance of going to a professional. That's not true.

Another poster told you what you want to know is fact specific. I am reminding the other attorneys not to risk their licenses on answering your post. Once they give advice, they assume liability for it.

Lawyers do give free advice. It is called pro bono. They need to do it in a professional manner.

A doctor who diagnosis your child at a party without the child present is an idiot who better carry more than minimum malpractice. Teachers aren't doctors and can't evaluate your child. They can only suggest getting an evaluation.

Go to an attorney. There may be more here than state law involved.

This isn't legal advice.


The other attorneys? I'm not an attorney - or are you reminding your legal colleagues?

I think asking what is the correct course of action to take after there has been a collision in XYZ state is a totally acceptable question for a public forum.

My concern on this specific matter is that OP's son (as I recall) has already taken a few steps including speaking to the police, where he has received contradicting advice etc.. so any next steps taken need to be mindful of that. This is a 'live matter' - not a theoretical.

I think its actually very good to know best practices in case of a collision. I would totally ask that here and heed to the information given if the poster gave me some links to read. I think its covered in Drivers Ed.
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FranticFrummie




 
 
    
 

Post Mon, Nov 19 2018, 11:37 am
amother wrote:

I think asking what is the correct course of action to take after there has been a collision in XYZ state is a totally acceptable question for a public forum.


And the answer to that question, is get an attorney!
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amother
Magenta


 

Post Mon, Nov 19 2018, 11:52 am
amother wrote:
So u are saying lawyers and doctors can't give free advice on internet anonymously about some law that I'm asking about but other professionals can ??? Why are they in a different category from a therapist or nurse or.....
(I wasn't asking anyone who doesn't want to advise me to di so but I dont agree that lawyers and drs are more special than any other professional in terms of sharing advice like everyone does here)


Yes, doctors and lawyers are more special. They are held to higher standards. They have more training and education and graduate more rigorous programs and then pass more difficult licensing exams.

You are asking legal advice. Let a therapist or a nurse give you legal advice since doctors and lawyers are equal to them in your opinion.
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amother
Magenta


 

Post Mon, Nov 19 2018, 11:57 am
amother wrote:
The other attorneys? I'm not an attorney - or are you reminding your legal colleagues?

I think asking what is the correct course of action to take after there has been a collision in XYZ state is a totally acceptable question for a public forum.

My concern on this specific matter is that OP's son (as I recall) has already taken a few steps including speaking to the police, where he has received contradicting advice etc.. so any next steps taken need to be mindful of that. This is a 'live matter' - not a theoretical.

I think its actually very good to know best practices in case of a collision. I would totally ask that here and heed to the information given if the poster gave me some links to read. I think its covered in Drivers Ed.


Best practices in case of a collision is a different matter. Her son already left the scene of an accident which can range from an infraction to a criminal charge. She needs to consult an attorney.

This isn't legal advice.
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