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Legal Advice - Can he press charges?

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Nathn
Posts: 2408 - Karma: 63
Alright so I was on my way home from school just having a shitty day so I figured I'd pull into a gas station to get an application to maybe turn my day around, do something positive.

As I leave, I'm turning right onto the highway, some guy also tries to turn right at the same time as me and I scrape him a bit but nothing was wrong besides some of my paint on his car. I don't know if he didn't see my signal or what, but he tried turning as I turned.

I get out and say I'm sorry and what not and I didn't have my wallet on me with my insurance so I wrote my name and phone number and he wrote down all of his information and he seemed cool and we made small talk about his job where a couple of my friends also work downtown. He says he doesn't see any damage, I tell him I don't see anything on my car or his car and we go on our merry way.





3 weeks, an iphone, and a blackberry later, (all my phone's are all broken atm) this dude's telling my friend that works with him he's pissed and he's gonna press charges if I don't answer my phone. I instantly call all the numbers he left me, one was the wrong number, one was his insurance company, and one was his wife. His wife seems cool and what not and says that she'll tell him I called because he was at work, but I'm not so sure she did.

I also facebook messaged my friend that works with him and gave him my dad's number and said to call him when he can.


To my knowledge, he can't press charges because he didn't file a claim, didn't call the cops after the accident etc.; things you should do in an accident. He can't prove anything even happened at all minus the phone record and the fact that we have slips of paper with each other's name, and there is no way to know what happened.


Does he have grounds to press charges and if so, for what?

I gave him my information (obviously)
I have insurance
He didn't take pictures
He didn't call the cops
He didn't call the insurance company
It's been 3 weeks


I'm kinda thinking he's banking on me not having insurance so he's gonna fuck his car up and scare me into paying for it which will lead to him going to jail for fraud.


TL,DR: Close this thread please, I'm only seeking legitimate advice
May 16 2012 10:58PM
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Dr.Gonzo
Posts: 2552 - Karma: 87
didnt read, but yes he can press charges
May 16 2012 11:00PM
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Nathn
Posts: 2408 - Karma: 63
Smart, helpful and hilarious




0 stars
May 16 2012 11:02PM
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Dr.Gonzo
Posts: 2552 - Karma: 87
OP do you know anything about the legal system? he can file a lawsuit no matter what, i can sue you, for literally no reason other than the fact that i require monetary compensation. Not saying im going to win, but i can always start the process.
May 16 2012 11:05PM
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ECB
Posts: 6991 - Karma: 622
Statue of limitations is longer than 3 weeks so it hasn't been too long

But yes, he can press charges, but he won't win

Anyone can press charges for anything really, but can they win?


You did nothing wrong, he should have called the cops at the accident, now its too late


What state are you in? That does matter a little
May 16 2012 11:05PM
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Ko-Pain
Posts: 202 - Karma: 17
hit him in the face with a poop slingshot. but to my knowledge he's fucked w/o any proof of the accident
May 16 2012 11:07PM
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Nathn
Posts: 2408 - Karma: 63
May 16 2012 11:08PM
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Nathn
Posts: 2408 - Karma: 63
:(




















But I live in Minnesota
May 16 2012 11:09PM
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Bill.Nye
Posts: 4060 - Karma: 2,109
Just touch up the paint on your car and deny your way out of it
May 16 2012 11:09PM
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volvotom
Posts: 2045 - Karma: 712
Press criminal charges? No.
File a frivolous civil suit? Yes.

You have to front the filing fee for small claims court, it's a few hundred dollars generally, doesn't seem worth it when compared to the damage.
May 16 2012 11:09PM
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Nathn
Posts: 2408 - Karma: 63
I'm just worried he's gonna fuck up his car and blame me for it. My dad bumped a car backing out of a parking lot and they totaled their own car the next day to try to get him to pay for it.

Not saying I wouldn't win in court which I almost definitely would
May 16 2012 11:12PM
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caucasian_chad
Posts: 4078 - Karma: 3,625
Yes he can, since anyone can press charges against anyone. He would, however, lose in court if you denied that the accident happened since a police report was not filed. So he won't do it, it's just an empty threat that he made because he's pissed off that he couldn't contact you.
May 16 2012 11:18PM
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deleted5
Posts: 14507 - Karma: 13,507
Well for a car crash f the police aren't called there's no record of it happaning. So unless he can prove you hit him with a video. No there's nothing he can do
May 16 2012 11:18PM
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Barefootin_Fiend
Posts: 7618 - Karma: 4,727
did it happen on a public roadway, or did it actually occur in the parking lot? if it happened on the street, you could potentially get hit up with a charge of leaving the scene of an accident since you guys didn't call the cops. not to say you will, but he could probably concoct some story...

if it occurred on private property, you shouldn't have anything to worry about.
May 16 2012 11:19PM
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Nathn
Posts: 2408 - Karma: 63
public roadway but I believe that only happens if there's a certain amount of damage on the car. Plus I left him my name and number
May 16 2012 11:21PM
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volvotom
Posts: 2045 - Karma: 712
Just because he "presses" charges does not mean that the DA is going to file charges, it would likely be dropped due to lack of evidence.
May 16 2012 11:23PM
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Nathn
Posts: 2408 - Karma: 63
Thank you, this is what I was looking for.




ATTENTION EVERYONE, I UNDERSTAND I CAN BE SUED FOR LOOKING AT SOMEONE FUNNY, THIS DOES NOT MEAN IT WILL BECOME ANYTHING
May 16 2012 11:25PM
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Barefootin_Fiend
Posts: 7618 - Karma: 4,727
correct. $500 iirc. problem being he could create that damage but blame you and then show that you exchanged info as proof the accident happened.
May 16 2012 11:27PM
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Lucas
Posts: 4881 - Karma: 1,575
Just talk to him and ask him what his deal is
May 16 2012 11:31PM
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J-Evs
Posts: 6387 - Karma: 1,615
OP is getting angry and its funny
May 16 2012 11:32PM
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Nathn
Posts: 2408 - Karma: 63
?






And ^^^ he's at work and gave me weird phone numbers which makes me more worried he's gonna try to scam me otherwise I'd try to see what his deal was.


I wish he told me his deal haha
May 16 2012 11:35PM
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theabortionator
Posts: 51664 - Karma: 162,545
I'm going to sue OP for making me read that whole thing. I'm filing a report as we speak.
May 16 2012 11:52PM
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theabortionator
Posts: 51664 - Karma: 162,545
Relevant post is relevant
May 17 2012 12:16AM
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El_Barto.
Posts: 11661 - Karma: 24,351
He waited to long. My brother rear ended some guy while i was with him. Everything was cool. A month layer calls my bro and says hes gonna file a claim. My brother responds with he is going to notify his insurance of a potential fruad claim. Instantly the other dude realized he had no chance. Youre fine OP, tell this guy to swallow your cock
May 17 2012 1:23AM
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Peter.
Posts: 23796 - Karma: 13,014
also suing OP for making me angry by reading this thread


also lols to the pink name who posted about a poop slingshot
May 17 2012 1:25AM
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accualyisdolan
Posts: 3295 - Karma: -192
yeah...pretty much...this is america remember
May 17 2012 2:35AM
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Mike-O
Posts: 14593 - Karma: 1,089
I really don't understand how the accident happen, how can two cars turn at the same time from an intersection?
May 17 2012 2:40AM
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.R-Lohin
Posts: 1686 - Karma: 117
The amount of retards that are on the roads today is ridiculous. Its like they cut their license out of a cereal box
May 17 2012 2:46AM
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doitbig
Posts: 4818 - Karma: 315
he has no proff of the accident so it's your word against his.
May 17 2012 7:26AM
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Bread_Fish
Posts: 760 - Karma: 71
Anyone can press charges for anything, but that doesnt mean he will win. Also it is too long to file a claim.
May 17 2012 10:09AM
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Thrash
Posts: 821 - Karma: 9
Yes, I believe he has up to 180 days to file.
May 17 2012 10:51AM
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Downtofilm
Posts: 6896 - Karma: 20,395
Huh
May 17 2012 11:24AM
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mackcamp
Posts: 1207 - Karma: 263

May 17 2012 11:51AM
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gotti
Posts: 4269 - Karma: 4,550
ass to mouth?
May 17 2012 11:55AM
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AWALLRUS.
Posts: 5762 - Karma: 223
im having trouble picturing this accident.

you were turning right, and he was turning right? was he like behind you or something?
May 17 2012 11:56AM
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armadaski44
Posts: 481 - Karma: 15
hhahahahhaha omg. But yes pretty much what everyone else is saying; he can press charges but wont win
May 17 2012 11:57AM
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Nathn
Posts: 2408 - Karma: 63
I was turning right and he didn't realize it and tried to pass me on the right. The bumper of his car was at about halfway up my passenger door
May 17 2012 1:03PM
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Static
Posts: 8553 - Karma: 4,087
seems like you come from a family of bad drivers so you were probably fucking around taking your sweet ass time to turn, left a huge gap enough for another car to roll up (here's where he can argue you were attempting to turn left or going straight, or at the least turned right from the wrong lane) then drove into him because you were looking left for on coming cars as you tried to drive away. I would blame you as you should be hugging the right side of the exit turning right so you don't impede cars trying to turn left, and vice versa for left turners.
May 17 2012 1:32PM
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ShredMasterPlus
Posts: 1159 - Karma: 807
Either a accident or some roads in busy cities have more then 1 turning lane at an intersection common on 1 way streets though usually 2 left turn lanes not right turn.
May 17 2012 1:37PM
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bnewbs6
Posts: 1919 - Karma: 1,463
in utah you have to report a crash within 10 days to your insurance. if you wait longer they won't cover it. check your state drivers handbook if thats the case. of so he's screwed
May 17 2012 1:40PM
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ECB
Posts: 6991 - Karma: 622
Haha nice, didn't catch that as I was typing on my iPhone but yes it is statute
May 17 2012 3:25PM
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TimRiley
Posts: 1873 - Karma: 1,327
No witnesses. No poice report - So no one has been declared at fault unless you have taken resposibility. He would have to file a report and claim with his insurance. If you exchanged info, you have prof it wasn't a hit and run. So no charges, small claims court which would take more time and money then its worth.
May 17 2012 4:57PM
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MikeWeinerONE
Posts: 501 - Karma: 1,215
Handle like a man, instead of a 16 year old. Go to his work if you have to, ask your buddy for his email address, send a letter to his workplace. It seems your trying to avoid the confrontation. I could leave California and find you wherever you are if I needed to and did an incredibly small amount of research. It shouldn't be difficult to get in contact with someone in 3 weeks if you made any effort at all. Phone call's aren't effort.

Good luck tho dude.
May 17 2012 6:52PM
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lands11
Posts: 1818 - Karma: 1,677
This makes it sound like it was his fault?
May 17 2012 7:58PM
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Mike-O
Posts: 14593 - Karma: 1,089
Isn't passing from the right a wrongful maneuver anyway? I think you're completely in the clear on this one.
May 18 2012 5:54AM
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Nathn
Posts: 2408 - Karma: 63
Handle it like a man how?


"MACHO MAN HOT GARBAGE HERE, DOING WHATEVER HE CAN IN HIS POWER TO SEEK OUT DUDE WHO HE GOT IN A FENDER BENDER WITH AND DID NO DAMAGE SO THAT DUDE MAN CAN FILE A CLAIM AND BOOST OUR INSURANCE RATES. LIKE A REAL MAN"


He wants to talk to me, I tried to talk to him back. That's as far as I'm going and if you think you'd do any differently, you're lying to yourself.

Also, you sound awesome by the way you could "find me" wherever I am which is complete bullshit.
May 20 2012 3:46PM
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Nathn
Posts: 2408 - Karma: 63
First off, I had my RIGHT TURN SIGNAL on. This means I will be going right.

Second, there is no right turn lane, so how much of a "gap" I left is irrelevant.



Was this a serious post?
May 20 2012 3:48PM
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Static
Posts: 8553 - Karma: 4,087
tell it to the judge


you're just a bad driver, someone was sick of dealing with your shit and you drove right into them
May 20 2012 7:56PM
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Nathn
Posts: 2408 - Karma: 63
You're trying to troll me and it kinda worked

As soon as you break the law, you're at fault. I was obeying the law, he unlawfully passed me on the right.
May 20 2012 11:01PM
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Static
Posts: 8553 - Karma: 4,087
99% of traffic laws dont apply to private property, the ones that do are in regard to DUI and endangering the public, you drove into him. If some one pulls up next to you that doesn't give you the green light to ram them. Next time watch where youre going and you wont have a 5mph car crash.
May 21 2012 1:06PM
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