Legal questions - parking lot accidents

[Kat_Dog]

Also, I'm sorry for posting all this. I know it won't get me anywhere, but it just feels better to let it all out.

You guys are really making me feel loads better even though I expect the worst to come out of this, and I really appreciate it. Thank you!

[KMG]

The odds that you are going to be arrested now are just about zero. If you were going to be arrested for a hit and run(FSGI- Fail to Stop and Give Information) you would have been then. Nothing says you have to stop right at the accident spot. You are allowed and encouraged to drive to a safe spot that is out of the way. That is all you need to say you were doing. When people get into a little fender bender and then sit in the road all it does is block traffic and create a mess. If both cars are drivable it is always better to get out of the way. You may initially stop and tell the other party that you are going to pull off of the road but most people should be smart enough to see what you are doing.

You should have felt even a little contact. I would go to Sonic and see if they had a security camera facing the area the accident is said to have happened. They may just me scam artist and if you could prove they are then it would be them with the legal issues. Most security system recycle the video every few days and start over filling its memory. You need to act fast and try to get this done.

Your insurance is going to request a copy of any reports the officers did. I would ask the insurance for it first. If they can no give it to you then call that police dept and see where you need to go to get a copy. Usually they charge a few bucks and not all the report will be released. It will have some information blocked out for both parties safety.


A tip to help people in the future. When you are dealing with someone that was acting like this guy was, record it secretly. If you hold your phone up as a camera the guy will realize what you are doing and more often than not stop. That is not what you want when trying to collect evidence to prove a person made you feel threatened and afraid. Also there is a small chance this will anger him more which you also do not want.

There are a couple good ways to record them without them even knowing.

One is to hold the phone to your ear and appear you are talking on the phone as you record. When you do this stand off to the side of the group and seem uninterested in what is going on. This is best used by a person not directly involves meaning one of your passengers.

If you have a phone holster that clips on your belt you can move it to the front on your belt or pants with the camera on and simply clip the phone inside. This is one thing I actually look for in a case when buying one. This way you will be recording whatever you are facing and though you may not be getting their face you will be getting enough to show the others attitude and actions.

I use Ram mounts for all my vehicles. On the Ram mounts I use X Grips to hold my phones. These hold the phones great and allow you to record the events in front of your vehicle. You can very easily start recording using this method and they will never think that they are being recorded and just think your phone is in its holder. There are two problems with this method. 1. You need to have your vehicle parked where it is showing the people. You can usually dictate where they are standing by where you are standing so just stand in front of your vehicle. 2. The sound can be an issue so you need to plan ahead and crack the windows a few inches and this will capture any heated screaming and yelling. This is the best method to record any physical altercation since it will be a steady vantage point and not attached to your body.

[Kat_Dog]

Thank you so much!
You're really the best thing that has happened to me all day!

There may have been resistance, but I was so flustered and so much was happening at the moment, I guess I was numb to it and I feel so dumb. My main concern at that moment was to go to walmart, but some necessities, and make it home before my parents had to leave.
If I get into legal trouble for crashing, so be it that's on me and I'm willing to take the consequences that come with it, because I can admit that I was being dumb at that moment. I'm not totally convinced that I'm out of the wrong as of yet due to my childish behavior, but I'm not totally convinced that I'm in the wrong either. I guess I just have this faith that people wouldn't go so low as to make something up. Who knows, I might lose this faith.
I can definitely say that is is a learning experience, If I feel I am not mentally calm enough to drive, then I will sit with the car in park until I've regained my cool.


I have another question: could the man get into legal trouble for intimidating and threatening a minor? There were 2 witnesses that saw him directly yelling at my sister(14), instead of me, the adult. She's also a witness in this case and I think it may count against him for also intimidating a witness, he did try to convince my sister that I was in the wrong, and she could testify that.
One witness saw him physically bang on my car as well. They both called the police on the spot, one stuck around and talked to the cop too.

This whole situation just feels like a bad dream.

Thank you for the advice too!
I didn't even think to record his behavior, I was terrified, and I was worried about my little sis. Her mental state is sketchy right now, she's been sleeping all day and I haven't talked to her once. I think the fact that an almost 6 foot man yelled to her face about my mistakes really shook her up. She's been having depression issues lately since she broke up with her boyfriend in march and we were talking about taking her to see a counselor for it. She was getting better, but I'm scared this may have made things worse.
Thankfully a family friend came by to console her last night.


How long does it usually take for a police report to be processed and available?


If I have any more questions, is it okay if I pm you? You've been a major help, I don't want to feel like a bother ^^
I don't know how much information I'm allowed to post online, could I possibly get in trouble for posting this on a public forum?


Sent from my iPhone 5s using Tapatalk

[Kat_Dog]

I was talking to my mom and this is what she said the cop told her:

- if this man tries to pursue legal action, my mom should pursue legal action against him intimidating a 14 year old and trapping both daughters in the parking lot.
- he was there because someone called about a man yelling at 2 young girls in the parking lot, otherwise he wouldn't have been there, as parking lots are private property.
- he told the people that they were severely blowing it out of proportion and there is no point in trying to ruin my life over a silly incident that caused little to no damage. And they they were doing illegal activities that he was there to witness. The first thing they did was tell the people that they had to move their car.

I don't know if they'll try to take legal action against me, I'm prepared, but I feel better.
What do you think?
That's just info my mom told me, nothing I heard personally.

I think that's my last question lol
I'm just going to wait for the police report and/or calls from the insurance company at this point.


Sent from my iPhone 5s using Tapatalk

[KMG]

Nothing you have post can get you in any trouble.

You most certainly can PM me with any questions.

As for the man yelling at your sister and getting in trouble for it, I really doubt it. You can scream and yell all you want. The trouble comes when it is threatening. As in, saying your going to do something to that person like beat them, shoot them, stab them, etc. Even doing this will only be a class C ticket though.

You are really over thinking this. When the officers left the scene they completed the reports sometime before the end of their shift. A simple accident report goes no further in most cases and your case should not have required in more action. Depending on the type of system the dept uses(paper, scanner, digital) the report may be available now.

This was just a simple traffic collision and the officers I promise have not given it any more thought and are not going to take any other action than they did. No other investigator is going to look into it and as far as your dealings with the police goes, you are done.

The next step will be between the two parties and the two insurance companies. This is a civil issue and as minor as the damage sounds I doubt the two insurance companies will have any issue getting this taken care of quickly. You have to remember that this may be new to you but to the police and the insurance companies this is standard when having to deal with angry and excited people. They are not going to care about that. They will investigate the damage themselves to make sure the other guy is not scamming them as well and they will decide what he is going to get paid.

Try to relax and this will be over soon.