Legal Question in Criminal Law in Florida

I am from WI and was in FL on business last week. I backed my rental car into a parking garage post/pillar and cracked the rear bumper. I checked the post/pillar and it had no damage (2 foot square diameter) and looking at the car I really did not think it was that bad. I was exhausted and had been fighting a cold the last few days so just figured I would call the insurance company and rental car company in the morning. Never thought the police would need involved as no injuries or other property damage was involved outside of my rental car. ( my wife did this same thing is WI a few years back and we never contacted the police - damage was $2000 to our minivan - insurance paid no questions asked) When I spent some time taking photos and inspecting the damage more thoroughly the next day in the sunlight, I realized the damage was more severe than I had originally thought. (Amazing how much damage a rear bumper on a Malibu gets from a low speed impact). Contacted both the VISA card company who carries my rental car insurance and the rental car company and informed them of the incident. Dropped off the car at the airport and am awaiting further contact. I asked a retired FL sheriffs officer I know if I should have filed a police report and he said as long as no other property damage occurred their was no reason. I even sent him pictures. Now that a few days have passed I keep kicking myself for not calling the police so the questions I have are these:

1.). If the damage ends up being several thousand dollars (I've been researching online now that I have had time and am amazed at what this damage may cost) will the insurance company deny my claim because I don't have a police report?

2.). Could I get hit with a hit and run violation because the damage was over the reportable threshold?

I have a clean driving record and no criminal convictions or accusations just had a moment of poor judgement in hindsight when I was tired and not feeling well. Do I need to do anything to protect myself now or am I better just waiting until the estimates have been provided? I don't want too much time to pass if I could do something now to make the situation right as my reputation, career and family's lives are all very important to me.


Asked on 10/24/14, 10:56 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Let me qualify my answer by saying that you should speak to an attorney in person to make sure all information has been given. Based on what you did post, I do not think you would be facing a hit and run violation. If there was absolutely NO damage to the pillar that you hit and your insurance is taking care of the rental car then you have not committed a crime. The amount of damage doesn't matter. While calling the police is usually preferable, if there is zero damage to other property, you do not have to do so. Your only obligation, if there was damage, would be to leave a note with your name, address, and insurance information (although statute doesn't require your phone, that would be advisable too). In other words, I don't think you have anything to worry about, and would probably not be helpful to call the police at this stage.

Read more
Answered on 10/24/14, 11:29 am


Related Questions & Answers

More Criminal Law questions and answers in Florida