Legal Question in Traffic Law in Tennessee

Holiday hit and run

My girlfriends car was parked in a subdivision and was hit. The girl that hit it drove away to pick her mother up and came back without calling the police. When my girlfriend saw the wreck she called it in as a hit and run until the other driver came back. When the officer arrived he said it was both of their faults and did not file a report but insisted he could write one if it was needed. Is it both of their faults? Can hit and run charges be pressed? And can an officer legally do that?


Asked on 1/01/08, 11:09 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Holiday hit and run

Q:Is it both of their faults?

A: Not if she was parked legally.

Q:Can hit and run charges be pressed? A: Yes see the cop's boss or go directly to the state's attorney or District attorney.

Q: Can an officer legally do that?

A: Yes the officer is not under an obligation to ticket or otherwise arrest anyone even if he sees a crime being committed. See Warren v. Dist. of Columbia.

Tell the insurance company what happened and speak to a fraud investigator at the company. They may be able to help you too.

Good Luck.

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Answered on 1/01/08, 11:39 pm


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