Legal Question in Traffic Law in Virginia

Hit and Run

AAn individual accused me of hit and run. This individual called the police and the police came to my house and told me that I was accused of hit and run. He checked my vehicle over. The accuser had damage to his vehicle. He told me ''Obviously this wasn't the vehicle involved.'' He just took my name and phone number and put in on a pad. He left. I didn't get his name or badge or any information. A few weeks later a collection agency for the accuser's insurance company sent me a letter to pay up or legal action would be taken. I never gave them any information since I wasn't involved and officer verbally cleared me. The collection agency has been sending me various collection letters for 1 year and 3 months now. I have requested information on my involvement because they tell me that there is a police report, witness statements and pictures of my vehicle with rear end and front end damage. I requested all this information but they don't respond. Now they are taking me to court. I tried to locate this officer but unless there is a major accident the call is removed from the system after 3 months. I also called the Accident Records department. There is no police reports with my name on them. What can I do here?


Asked on 3/05/06, 1:08 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Hit and Run

Better see an attorney about this. If all that you say is true, there are undoubtedly defects in the claimant's case, in the evidence that may be offered and in the claimant's account of the incident. You will need the assistance of skilled counsel to analyse and discover these flaws and defects in the claimant's case and how best they should be integrated into your defense

and presented to the trier of fact in order to to convince this judge that the claimant has failed to meet his burden of proof and to prove his claim by a preponderance of the evidence.

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Answered on 3/05/06, 8:47 pm
Jonathon Moseley Jonathon A. Moseley

Re: Hit and Run

Can't disagree with Michael Henderson. I will

add the following: First, you apparently already

understand that the collection agency can huff

and puff but all they can do is refer it to an

attorney. You say that now they are going to

court, but I don't know what that means exactly.

Did they threaten it or did you get a lawsuit

handed to you or posted on your door? (The copy

by mail is an extra courtesy copy, and not the

official copy.)

If you have a court date coming up, you need to

pay attention to that and act fast.

You can subpoeana records from them, but you

will have to not wait until the last minute.

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Answered on 3/05/06, 9:12 pm


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