California Motor Vehicle and or Criminal Law Question

[Sen. Walter Sobchak]

This past weekend a friends car was severely damaged when a tow truck towing an adjacent vehicle smashed her parked car. Her undrivable car was left abandoned for her to find at 1:00 in the morning. A security guard from a nearby building approached her and told her the accident was on their security camera and let her wait for a taxi in their lobby.

The towing company responsible is being completely uncooperative. Her insurance company is treating the incident as though it was a hit and run and will pursue the towing company directly. The question is could the tow truck driver be charged with leaving the scene of an accident or anything else. She is ready to murder somebody but making this asshole significantly uninsurable would probably be sufficient.

The property owner says they have no idea what happened, assume it was a repossession and have never heard of the towing company involved. There doesn't appear to be any reason to doubt them on this.

The 2007 Prius appears to be a write-off, but that is for the insurance company to decide.

Thanks,

[Denninmi]

1. I would report it to the police.

They would be able to tell you whether or not it falls under the definition of a hit and run/leaving the scene of an accident in CA. But, it certainly sounds like it should to me (as completely UNINFORMED on these matters as I am -- I'm actually a paralegal, but work in probate and taxation, and I've never had so much as a class on either auto or criminal law).

[pinto]

2. Hit and Run Laws in California ->

20002.

(a) The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault. The driver shall also immediately do either of the following:

(1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver's license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver's license information, if available, or other valid identification to the other involved parties.

(2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.

(b) Any person who parks a vehicle which, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in damage to any property, attended or unattended, shall comply with the requirements of this section relating to notification and reporting and shall, upon conviction thereof, be liable to the penalties of this section for failure to comply with the requirements.

(c) Any person failing to comply with all the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

http://www.deadlyroads.com/laws/california-hit-and-run-laws.shtml