Legal Question in Criminal Law in California

Car Accident

My wife was involved in car accident another vehicle ran a stop sign and hit her. The woman driving gave my wife a long sad story about that she had no insurance and pleaded with my wife crying not to call police she would pay whatever damages were done to our vehicle so my wife agreed. This woman gave my wife false information she gave wrong address, phone number had my wife not followed her home we would have never found her. We have made several attemps to contact her there but people there say they don't know who she is yet the vehicle is there my wife wrote plate numbers at time of accident so we know that the vehcle is same one which was involved in accident also people there are very hostile and tell us we should have called police and that there is nothing we do know my question is can we still contact police and take legal action.


Asked on 12/11/07, 2:21 am

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Car Accident

You can try anything you like. The police will probably tell you to sue, unless you can persuade them to file on the false reporting. Unless there are substantial medical bills, an attorney is not going to be interested in the case because of limited value. If that is the situation, file it in small claims court.

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Answered on 12/11/07, 2:45 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Car Accident

I agree with Mr. Lentz. You should also report the accident to your insurance company. Unless the delayed report breached your contract with the insurer (a risk that becomes more likely with each passing day), the company should compensate you and then decide on its own whether suing the other driver makes sense. There is no reason you and your wife should do on your own what you have already paid the insurer to do for you.

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Answered on 12/11/07, 2:46 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Car Accident

Of course you can call the police. Spare yourself the headache and contact them as soon as possible. Tell them the truth. It is their duty to investigate the whole situation fully. They might uncover information which will enable you to possibly sue the woman or to recover damages through criminal restitution process. You have nothing to lose and everything to gain.

Jacek W. Lentz

Los Angeles, CA

310.273.1361

www.lentzlawfirm.com

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Answered on 12/11/07, 2:50 am


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