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What constitutes leaving the scene of an accident
I was traveling my car down the road, moving slowly, I heard a loud bang behind me and looked in my rear view mirror and saw cars hitting each other. I then saw that the car that was behind me, but still quite far was inching up because they were hit. I started to move up and then saw in my rear view mirror a red car speeding up and aiming for my car.
Apparently from the police report which I will be getting, it was a woman who was actually the second car hit, was trying to leave the scene but I was in her way and she plowed into my back totaling my car and injuring me and then crazily sped away. They said they got her 3 or 4 blocks away. I assumed this would be a hit and run or leaving the scene of an accident. I believe the only reason she stopped was because of her car, it had to be heavily damaged as the medics were saying.
I was taken to the hospital and tests were run. I was there from 3:30 to midnight. I was sent home with bad back pain and now going to see an orthopedic. But I was told from the police record dept. she was not charged with hit and run nor leaving the scene of an accident.
This is absolutely crazy. She never would of stopped, but they said she stopped. To me, she definitely left the scene and did leave the scene but didn't realize that she was going to hit me and then fled again.
Answer to: What constitutes leaving the scene of an accident?
Well, you have to make a claim against your insurance! I know this is not right, but it is what you need to do. They will investigate and see if she has coverage or cover you first (under your collision coverage) and the go after that.
Whether she fled the scene of the accident is only going to be relevant to her criminal / civil police case (ticket). It will not affect you as she hit you and everyone knows it (the police report says that).
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