[rawdeal13]

I am in a pickle and I need to make sure that I ask my question in the correct area. I need to find ga. Traffic laws. THat is the category.

[aliseaodo]

This tells you where to look.
https://dps.georgia.gov/georgias-traffic-laws

[Cat1864]

Moved to Other Law

What is your question?

You can add to this thread by using the Answer box at the bottom of the thread.

edited to add: I see aliseaodo gave you a link that I hope helps.

[rawdeal13]

I will try to get to the big points. I was sitting in my van in a grocery store parking lot
When I was struck by an unattended vehicle. The vehicle was running but no one was in it. There is a lot more to this but I will try to keep it simple. Over a month and a half went by after that happened when a local police that was investigating the scene because I left the scene without calling the law. I was the one struck. Anyway without my knowlage an arrest warrant was taken out against me by the offficer. It is totally based on hearsay and it is wrong it says that I came out of my parking place and struck a vehicle that in turn pushed it up into another vehicle that wasn't there and didn't happen. That vehicle is owned by one of the managers of the store who has colected 100% from my insurance which has now tripled. The REal vehicle that hit me told my insurrane that they didn't own a vehcle like that described. They changed their phone number and collected from their own insurrance. My insurance has turned on me and one investagator from my insurrace is listed on the warrant as witness for the state. The warrant was mailed to me in an advertisement letter from a local law firm.

[rawdeal13]

One of my questions I can a police officer swear out a warrant on a private property collision over 90 days after the fact and based on hear say? For the record it say I struck the other vehicle "not true?

[smoothy]

You need a Lawyer.

[rawdeal13]

I've hired 3 now

[aliseaodo]

Does the grocery store have camera's in the parking lot?

[Alty]

This is going to be tough to prove. Where I live parking lot accidents are always 50/50, unless there are witnesses that are willing to give a statement that it's not your fault, but even then the majority are 50/50, meaning you pay for your repairs, and the other driver pays for his.

You left the scene, which doesn't look good. Normally an innocent person doesn't leave the scene of an accident. That alone is a big black mark on your name. Obviously the other vehicle involved decided to charge you for a hit and run, and sadly, that's what it was, even if you didn't do the hitting.

I do have to ask, based on what you wrote, how can an unoccupied vehicle hit you? You say it was running, but no one was in it. Even if it was left in neutral, or drive, it wouldn't have hit you with enough force to cause any damage.

Your story doesn't make a lot of sense to me. Maybe I'm misunderstanding something.

[Fr_Chuck]

Leaving the scene of an accident, can be a felony, depends on the case. A officer merely forwards the case to the DA who will decide if an arrest warrant is needed. The officer does not "issue or swear out" a warrant. They may do a application for warrant, but it has to be approved by supervisor, DA office and a Judge to be issued.

The issue, is that a vechile without anyone in it, according to your story moved, and hit you? I guess how. What cuased it to move ?

Why did you leave the scene of the accident?

Since you left the scene there is no way to show point of impact, no way to do real investigation. All that can be done is to take statements of all parties.

Also normally a warrant is not issued, you would merely be charged, unless there was a court date you failed to attend.

I thought I saw GA. Somewhere for Georgia, my area of expertise on traffic law. Your story is not matching how the law in GA works for traffic.

[rawdeal13]

This is going to be tough to prove. Where I live parking lot accidents are always 50/50, unless there are witnesses that are willing to give a statement that it's not your fault, but even then the majority are 50/50, meaning you pay for your repairs, and the other driver pays for his.

You left the scene, which doesn't look good. Normally an innocent person doesn't leave the scene of an accident. That alone is a big black mark on your name. Obviously the other vehicle involved decided to charge you for a hit and run, and sadly, that's what it was, even if you didn't do the hitting.

I do have to ask, based on what you wrote, how can an unoccupied vehicle hit you? You say it was running, but no one was in it. Even if it was left in neutral, or drive, it wouldn't have hit you with enough force to cause any damage.

Your story doesn't make a lot of sense to me. Maybe I'm misunderstanding something.

U are a know it all kind of person. Why don't you tell me how. And while your at it tell me how the third car owned by the manager got paid by my insurance when it wasn't even involved. When I left there was only 2 vehicles involved. That is one of the reasons I didn't stick around is the cop probably would have acted like you

[ScottGem]

Traffic laws don't apply here. As Chuck noted a police officer does not swear out a warrant, that's up to a prosecutor. And yes, they can do so much longer than 90 days. And what makes you say this was hearsay? Hearsay is testimony from a 3rd party that did not directly witness something but rather is reporting what a witness may have said. If the police officer interviewed people who claim to have witnessed the incident, then its not hearsay.

The facts here are that you left the scene of an accident without reporting it. Unless you have proof (parking lot cameras or eyewitness testimony) that you were stopped and hit while stopped, then you will have a difficult time fighting it. Apparently the other driver convinced your insurer that he had a valid claim. Your leaving the scene is taken as an admission of guilt.

Sorry, but this is a dog of case.

[smoothy]

U are a know it all kind of person. Why don't you tell me how. And while your at it tell me how the third car owned by the manager got paid by my insurance when it wasn't even involved. When I left there was only 2 vehicles involved. That is one of the reasons I didn't stick around is the cop probably would have acted like you

THis problem is of your own making... sorry to tell you but your attitude speaks volums.

WHen you had drivers training before you got your drivers license one of the things they drill into you is NEVER leave the scene of an accident. EVER. Since you weren't rushed off to the emergency room... and you didn't rush someone else there... then there was no excuse.

NOW I am beginning to believe the reason you left... is that things didn't actually occur like you have said. If they had you wouldn't assume the cops would have "acted" in any way but the proper one... I think there is a LOT more to this you are omitting. You can tell a lot by what someone says and how they say it...

Also if you had THREE lawyers... you would think at least one of them would have been able to figure out what the law was... I tend to think all three of them would be able to.

[ScottGem]

U are a know it all kind of person.

First, you owe Alty an apology. You came here asking for advice and she gave you very good advice. Similar to what others have said.

Why don't you tell me how.

Tell you how what?

And while your at it tell me how the third car owned by the manager got paid by my insurance when it wasn't even involved. When I left there was only 2 vehicles involved.

We can't tell you that, but, as I said earlier, he convinced your insurer that he had a case. Why don't you ask your insurer that question. They can and should explain it to you. Insurers don't like to pay claims, so they had to be convinced that the claim was valid.

That is one of the reasons I didn't stick around is the cop probably would have acted like you

I agree with smoothy. You have an attitude issue here. You posted a question. We gave you the best answers we could based on the information provided. Sounds like you left the scene because you were afraid you might be held responsible. I also agree some of your story doesn't make sense.

[J_9]

Firstly, you own Alty an apology. In her former life, before children, she was an insurance underwriter, so she knows what she is talking about. As for me, in my former life I worked in insurance fraud litigation.

In insurance, leaving the scene of an accident, no matter how small, is an admission of guilt. Coupled with your attitude here, one has to wonder as to the real reason you left the scene. From my knowledge, and background, the reason you didn't stick around was that there was something in your background that caused you not to want to be present when the police arrived. Had you stayed, and the story played out as you said it here, you would have won hands down. Now the burden of proof is in your hands.

[Alty]

I don't expect an apology. I posted an answer to your question, and frankly, I wasn't surprised at your reply.

I don't know the laws in the US, but in Canada, where I live, parking lot accidents are 50/50, because it's almost impossible to prove who was at fault 99.9% of the time. There are no real laws/rules in a parking lot. They're mostly suggested. It's just easier to say "you pay for your damages, and let it go". But, if someone leaves the scene of an accident, they're at fault. You don't run if you're not to blame. You don't flee if you have nothing to hide.

The fact is, you were hit, according to you, by an unoccupied vehicle that was left running in the parking lot. How did that happen? How does an unmanned vehicle strike another?

Then, instead of sticking around to get this settled, confront the driver of the vehicle you claim hit you, get their insurance information so you can file a claim, you fled the scene. If you weren't at fault, and had damages because of someone else's negligence, why would you leave?

No, I don't believe your story. Not because I'm a know it all, but because your story doesn't make sense. No sense at all. Do you really think anyone is going to believe that you were hit by a car with no one in it, and instead of sticking around to get info, you fled the scene, but you're not at fault?

This is a case of common sense, and nothing you've said makes any sense at all.

You want me to tell you how this happened? I wasn't there, and your story doesn't make sense. Why not try telling the truth, then we can give you advice based on the facts, not a story you made up to make yourself look good.

So here's what I'd ask as an underwriter, or claims adjuster.

1. How did an unmanned vehicle hit you?
2. What damages did you incur after this unmanned vehicle hit you?
3. Why did you leave the scene?
4. Why didn't you report this when it happened?

[rawdeal13]

It is resolved All praises to DC and thanks all who posted trying to help.