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Accused of hit-and-run, what do I do?


I was getting off the freeway and stopped at the red light. I inched forward then saw an old man stepping off the curb. I stop my car and the man stopped right next to my car, tried to step back onto the curb and fell over. I rolled down my window and asked if he was OK. He didn't say that I hit him, wasn't antagonistic, just said it hurt when he fell over the curb. I should've offered to drive him somewhere or something, but at this point I didn't consider it my fault.
I received a call from a detective a month later about my "hit-and-run". The detective was extremely nice and even said that it sounded like this guy was just trying to get something out of me.
It's been 6 months (I'd heard absolutely nothing) and I just received a call from my insurance company. Now a witness claims I hit the old man and fled the scene. The witness was driving from a different direction, so I think they saw him fall and thought it was my fault.
Will my insurance company protect me?

The insurance company will pay any claims up to the limits of your policy. If you are criminally charged you will need your own attorney. Sounds like this is someone trying to make a buck from a dishonest suit. Stick to your story and don't back down. His "witness" should be investigated.

First, relax. Second, do not mistake the detective's niceness toward you as an indication that he believes your story. He may just be trying to get you to relax and let your guard down.

Third, your insurance company may pay for any costs associated with medical treatment etc, but it will not protect you from any criminal proceedings that occur.

To prove that you actually committed a hit and run I would suspect that the prosecution would have to prove that a reasonable driver would have known that they hit someone. If what you say is the truth that he just fell down, you will probably be okay. Remember you are innocent and it is the prosecution that has to prove that you are guilty.

Talk to an attorney, and write down any conversations that you may have with this guy or his attorneys. Document anything that might make it seem as though this guy is trying to get something from you. Also, write down the events that occurred on that day, as best as you can recall.

Stick to your story. Your insurance compnay will protect their assets but will not represent you if you are charged.

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