Legal Question in Personal Injury in North Carolina
So, I got an email last night from someone claiming I hit their car on October 25th. This person said that a witness saw me do it. Here is the email:
I got your email from {name}, the secretary of the Raleigh Institute of Religion. A witness saw you hit my car October 25th 2012 in the Institute parking lot and drive away. According to the North Carolina General Statutes, you are required by law to have left a note, or otherwise contacted me within 48 hours, with the time, date and place of accident, your name, address, and drivers license number, and the license plate number of the car you were driving. (Chapter 20, sections 166 and 166.1, http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-166.html and http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-166.1.html)
I have taken my car to two body shops to get quotes for repairs, both about $550. How you want to pay for this? By paying a body shop directly or going through your insurance company?
Please respond by email or phone by Monday or I will contact the police to help sort this out.
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This to me is crazy. I do not recall ever having hit/dented/dinged anything a car in that parking lot, though I do park there. I am wondering what I should do. I am in school to be a teacher, so I cannot have some hit and run charge, even one that ends up dropped or thrown out, on my record. I'm wondering is a "witness" really enough to pin this on me? I'm sure there are other blonde girls who drive black cars! I don't want to pay for something that I didn't do!
This is all I said to her:
Hello. I am very surprised to receive this email. I do occasionally go to Institute for church activities, but I do not recall having hit a car and there is not any kind of new damage on my vehicle? My boyfriend also uses the car so this is a possibility? I am not saying you are lying or anything...I'm just not sure when/how this would have happened? If I or someone using my car is indeed responsible, I will gladly sort this out with you via the insurance company.
2 Answers from Attorneys
This is a somewhat complicated issue. If you had struck this other vehicle, then presumably you would have known it. Hence, you did not strike this other vehicle and you have little to worry about in that regard, including any criminal charges. Whether another driver could have caused the damage is another issue; but as there is no new damage to your vehicle, it seems unlikely that this occurred either. If another driver caused the damage, then your liability insurance policy would cover that damage. Another issue is whether this witness exists at all, whether he or she can be found (e.g. was it an anonymous witness), and exactly what the witness saw. If a witness comes forward and states that your vehicle struck the other car, and that you were driving, then that would be a potential problem. It is further peculiar that this person contacted you by email, and also that they have presumably not reported the accident to the police. You could proactively report this to your insurance company or contact the church to see what (if anything) they know about this; or you could simply await further developments.
This sounds like someone is trying to scam you. I believe you should take Mr. Kirby's last option of simply waiting for further developments. If this does turn out to be a legetimate claim you will presumably receive notice that's more relaible than an e-mail demanding money.
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