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9/22/2017 12:11:25 AM
Posted: 12/25/2005 1:26:04 AM EDT
I had a little situation today that I need some advice on.

I was at an intersection on a road with a concrete median today, and I needed to make a U-turn to head in the opposite direction. I was in the left turn lane, with one car in front of me and one car behind me. All 3 of us were trying to do the same thing. The road was 2 lanes going each way. When the light turned (left turn arrow), the car in front of me tried to make a U-turn, and I proceeded as well, as did the car behind me. Well, the jerk infront of me did not turn sharp enough and wound up pointing at the curb. He throws it in reverse and starts backing up, which forced me to throw it in reverse and back up also. Well, I moved about 2 inches when I hit the guy behind me. It was barely a tap, so I put it into drive and pulled forward (by this time the guy infront of me had straightened out and pulled away). The guy behind me drove off, so I just drove off too. But now, thinking about it I am wondering if I made a huge mistake and could wind up getting into trouble over this. As I understand it, it is a class B misdemeanor to leave the scene of an accident where no one has been injured. If this guy took my license plate number and calls the cops then I could be screwed.

What if anything can I do to find out if this guy filed a police report (say when he got home)? I would hate to find out that there is a warrant out for my arrest over this. Am I worrying over nothing?
Link Posted: 12/25/2005 2:52:26 AM EDT

Originally Posted By motown_steve:
I had a little situation today that I need some advice on.

I was at an intersection on a road with a concrete median today, and I needed to make a U-turn to head in the opposite direction. I was in the left turn lane, with one car in front of me and one car behind me. All 3 of us were trying to do the same thing. The road was 2 lanes going each way. When the light turned (left turn arrow), the car in front of me tried to make a U-turn, and I proceeded as well, as did the car behind me. Well, the jerk infront of me did not turn sharp enough and wound up pointing at the curb. He throws it in reverse and starts backing up, which forced me to throw it in reverse and back up also. Well, I moved about 2 inches when I hit the guy behind me. It was barely a tap, so I put it into drive and pulled forward (by this time the guy infront of me had straightened out and pulled away). The guy behind me drove off, so I just drove off too. But now, thinking about it I am wondering if I made a huge mistake and could wind up getting into trouble over this. As I understand it, it is a class B misdemeanor to leave the scene of an accident where no one has been injured. If this guy took my license plate number and calls the cops then I could be screwed.

What if anything can I do to find out if this guy filed a police report (say when he got home)? I would hate to find out that there is a warrant out for my arrest over this. Am I worrying over nothing?


I think so. If he left first then he was the one leaving the scene and not you.At least thats the way I would see it
Link Posted: 12/25/2005 4:05:19 AM EDT
[Last Edit: 12/25/2005 4:08:25 AM EDT by nationwide]
In a situation as you describe, just like in an use of force scenario...

Do yourself a favor and be the first one to call the police.

Yeah, there's no damage to your car...
Yeah, the other guy left right away...

The police will still have on file the fact that you took the time to do the right thing.

ETA example:

"Big City Police dept, what's your emergency?"

"This is motowon_steve, I have just been involved in a very minor traffic accident with no injuries or known vehicle damage at the intersection of Jones St. and Smith Ave. The other driver left, we made eye contact, he shrugged his shoulders and drove away. DO I NEED TO FILE A POLICE REPORT?"

"If you aren't hurt, and can't find any damage, you should be OK. Have a safe day."

Link Posted: 12/25/2005 4:08:12 AM EDT
[Last Edit: 12/25/2005 4:10:17 AM EDT by mikejohnson]
its a gray area-- he's following too close, and the front of his car touched yours. Although you were backing up, you hadn't completed your turn, neither had the guy in front of you, so therefore he could have avoided the situation by allowing you to clear your turn, and allowing you to avoid an accident w/ the car in front of you.

Plus the fact that he drove away, indicates he might not have cared, damage, if any, was minimal, or maybe he had warrants or illegal items in the vehicle.

If he calls it in as a hit & run, he/she will have to explain why they left the scene... plus why the front of their car hit yours. If you keep quiet about backing up (i.e. not talk about it even on here), it will be up to them to prove otherwise. You don't have to lie, just remain quiet and don't take blame-- insurance companies will work out any issues with monetary claims... (they say to never accept blame anyway)

Was there a NO U TURN sign?

Nothing to worry about here...

PS: being it was a light impact, you could always claim you didn't know you touched his car... maybe it was a curb, pothole, etc.
Link Posted: 12/25/2005 4:12:33 AM EDT
also, in the DFW area, they don't like taking traffic reports for MINOR incidents... they say to swap insurance if needed and be on your way. You insurance company may then request a police report be filed, should you make a claim.

Why not call it in as a hit & run on them?
Link Posted: 12/25/2005 5:10:47 AM EDT

Originally Posted By motown_steve:
I had a little situation today that I need some advice on.

I was at an intersection on a road with a concrete median today, and I needed to make a U-turn to head in the opposite direction. I was in the left turn lane, with one car in front of me and one car behind me. All 3 of us were trying to do the same thing. The road was 2 lanes going each way. When the light turned (left turn arrow), the car in front of me tried to make a U-turn, and I proceeded as well, as did the car behind me. Well, the jerk infront of me did not turn sharp enough and wound up pointing at the curb. He throws it in reverse and starts backing up, which forced me to throw it in reverse and back up also. Well, I moved about 2 inches when I hit the guy behind me. It was barely a tap, so I put it into drive and pulled forward (by this time the guy infront of me had straightened out and pulled away). The guy behind me drove off, so I just drove off too. But now, thinking about it I am wondering if I made a huge mistake and could wind up getting into trouble over this. As I understand it, it is a class B misdemeanor to leave the scene of an accident where no one has been injured. If this guy took my license plate number and calls the cops then I could be screwed.

What if anything can I do to find out if this guy filed a police report (say when he got home)? I would hate to find out that there is a warrant out for my arrest over this. Am I worrying over nothing?



Ok, you're not going to like this. The accident is your fault, it'll be considered improper backing. You are the one responsible in making sure the area behind your vehicle is safe and clear to back up. You can protect yourself to a point if you file an accident report in the city where it occurred, you didn't leave the other guy did.
So, you file an accident report. Even if there was no damage to either car, your insurance company will most likely raise rates. They will raise rates no matter if it was your fault or not, company or personally owned vehicle, damage or no damage if an accident report is filed or a claim is made. It also doesn't matter if the accident was not your fault and the other guy's insurance paid for the damages.

mm
Link Posted: 12/25/2005 5:34:51 AM EDT
mm38 is correct, it was your fault for improper backing. You did not even mention any vehicle damage, are you sure an accident even took place? Many the "bump" was a pot hole or something. At this point, I would forgetaboutit since everyone left the scene without problem. No big deal.
Link Posted: 12/25/2005 12:01:12 PM EDT
here is my stance on it:

if indeed the guy did file a report as a hit and run, then yes, it can be a Class B misdemeanor. if you have a CHL, it will be revoked upon conviction and you will not be eligible for that CHL for 7 years after conviction date.

it is cheap insurance to go get a ST-1 Blue Form at your local PD and report it as you being involved in an minor accident. don't give any details other than date, approximate time, and location. be as nonspecific as possible. the less info you provide the less they have to link you to a specific collision.

that way you can at least CYA regarding revocation of your CHL.
Link Posted: 12/25/2005 3:17:20 PM EDT
Breath deep, then relax! I would not do a Blue form, because you DON'T want this on your driving record, when it doesn't have to be!! Possible complainant left the scene/area just as you did and the other traffic unit that was part of the incident. Don't know of anyone (officer) that would take this report. In case scenerio, if the other driver had pulled in a parking lot or stopped to contact you and you drove off....hit & run, but in your scenerio, no damage, vehicle that was possibly hit drove off and made no effort to contact you or signal to you to pull over and meet with him on or off the roadside....NO PROBLEMA!!!
Link Posted: 12/25/2005 3:29:35 PM EDT
FYI

I actually had a Richardson cop suggest I NOT submit a police report because of TX law-- hit & runs, whether your fault or not, affect your insurance as if you had a collision. Guy hit me from behind, cop said damage was very minimal (could barely see it as he hit my tow hitch), and to let it go, but they will call him and "scare him" saying they knew he fled an accident scene.

Did you really hit anyone? or was it a pothole or curb?
Link Posted: 12/25/2005 3:41:06 PM EDT
[Last Edit: 12/25/2005 3:42:10 PM EDT by RenegadeX]

Originally Posted By mikejohnson:

I actually had a Richardson cop suggest I NOT submit a police report because of TX law-- hit & runs, whether your fault or not, affect your insurance as if you had a collision.



I have heard cops tell people that too. I think they just do not want to write the report and are trying to talk the person out of making them. I made a $2000 claim on uninsured motorist insurance (what you use to get damage money from your insurance company from someone who fled and hit your vehicle) and my insurance did not go up at all. Wife got mirror sideswiped by another truck and both agreed to not do anything other than report it and fix it ourselves, again no insurance increase. I know for fact even if you have a $300 at-fault collision, your insurance does not always go up, as mine did not after giving a love-tap to a car in front of me in DC/Beltway stopandgo traffic last year. Just as you should not get your legal advice from a cop, you should not get your insurance advice either. :-(
Link Posted: 12/25/2005 5:22:27 PM EDT
1) Reporting an accident on what we call a "blue form" does not go on your driver's license record like accidents reported on the CRB-3(formerly known as ST-3).

2) Hit and Run referred to as FSGI here in TX can be a class C if the damage is under $200.
Link Posted: 12/25/2005 6:31:38 PM EDT
[Last Edit: 12/25/2005 6:33:31 PM EDT by FALARAK]
I wouldnt worry about it.

About 8 years ago - I was involved in a 4 car pileup on 75. I was the last car to "hit the pile" I was driving a small honda accord, and was pulling my jetski - which caused me to need WAY more braking room than I had anticipated. I PLOWED into the old chevy pickup in front of me, shoving my hood up into my line of sight, wrapping my radiator around my engine..... and just bending the bumper of the old pickup I hit.

First guy who got hit took off, then the second person took off. I am left with lady in pickup. She looks at her truck, decides it isnt bad... and she just wants to leave, even with me telling her I will gladly give her my license and insurance. Next thing I know.... she takes off. Just me left, with my totalled, steaming, wreck. I was blocking one lane of the then 2 lane I75, traffic is piling up with no help in sight, so I cranked it up, and took the first exit, driving by looking out the side window. It start overheating like mad so I pull over in a parking lot and wait it out... took me a few hours to get it home because of the radiator issue.

Anyway - no reports filed, no problems. Everyone else left the scene.... never heard another word.
Link Posted: 12/25/2005 6:50:10 PM EDT
[Last Edit: 12/25/2005 6:52:10 PM EDT by spreadfirearms]
i think its best to play it safe. again i dont think any of us on here that have posted to your thread are attorneys, keep that in mind. you may want to get REAL LEGAL ADVICE from your attorney. a cop is not attorney. an ARF.com member (in and of itself) is not an attorney. a Class III dealer is not an attorney.

if i were you, and i am not giving legal advice, is to just submit the blue form and not worry about it. make a photocopy of it and when you turn it in get the officer's name/badge # and possibly a case or incident # to show you did your due diligence.

as JAdams said, who is a LEO, a blue form does not go on your driving record, especially when the value of the property damage is clearly unknown.

what this does do, however, is protect you from further legal issues. again i don't know if you have a CHL, but do you want to risk losing your CHL for seven years (or not be eligible to have a CHL for the next seven years, in the event you decided later you wanted one?) because you didn't file this little piece of paper, with which you have very little to lose?

for me, the advantages outweigh the disadvantages. i dont know that city you live in, but if it is some place like Houston, i wouldnt want to lose my CHL.

if i lived in a big city like Houston or Dallas, bet your ass i'd be pissed if i lost my CHL for 7 years. not to mention possible driver license suspension if the court deemed it a good punishment for you. then add in the trouble your insurance company is going to give you.

just the risk of losing my CHL alone i would file the form.
Link Posted: 12/25/2005 8:24:45 PM EDT
Well, I called the police and told them what happened (I hit a guy's truck, didn't cause any damage to my car, didn't cause any damage to his car that I could see, he drove off without stopping and I drove off without stopping). The cop told me that they didn't have any reports of any hit and runs so the other party hadn't contacted them and if there was no damage then there was nothing to report.

So I guess I can stop worrying now.
Link Posted: 12/25/2005 8:37:00 PM EDT
cool cool.....at least you did your due diligence. now you can't get in trouble for hit and run!
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