Legal Question in Traffic Law in Virginia
Accident : I am who I am or am I?
Car #1/#2 both headed westbound on two-lane street (one lane westbound/one eastbound), car #1 in front. #1 nears destination, signals to make left turn into driveway, no traffic coming eastbound, #1 proceeds to turn. #2 attempts to pass car #1 on left side (eastbound lane) striking car #1 causing damage. Police called/officer responds. (By the way, car #2 skidded both before & after impact. #2 states his speed was 25 mph. Police officer tells both to exchange info. Officer asks to see, but does not run either's driver license; nor does he run license plate numbers. Officer observes minor damage to both vehicles, under $2,000.00, states he is not ''required'' to take report; if he were to ''investigate'' accident both drivers would be cited (#1-not signaling; #2-failing to yield right of way).
Insurance company contacted, states #2 not insured with them. #1 & officer attempt to locate #2, based on info provided, to no avail (#2 was male, but listed female name). What can be done if driver #2/car #2 is ever located? Is the officer right by not verifying both drivers' identities and/or vehicular registration info?
1 Answer from Attorneys
Re: Accident : I am who I am or am I?
Driver #2 could be sued in small claims court if he's ever located. He could also be subject to
criminal prosecution for driving under a falsified
driver's license and providing false or misleading information to a police officer.
The officer is not required (but may, if he believes there's a good reason )to verify the identities of drivers and their respective
vehicle registrations involved in very minor accidents with minimal property damage.
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