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Discussion Starter · #1 ·
This past weekend I was accused of hit and run and I have no clue what to do. Here's the story in a nutshell.

I go to my local gym every night at 5:15 - religiously. Naturally, I am bound to get on the same schedule as other people. Similar to my arrived at 5:15 nearly on the dot, I park next to the same car every time - its a dolphin grey 2006 Audi S4. I park next to the $50,000+ to AVOID getting door-dinged by a jalopy in the lot.

This past Thursday, I went along with my everyday routine, and pulled in next to the S4. That being said, there was a gold Corolla on the other side of me, somewhat close - so I left the spot, and reversed into the one directly behind it. After that, I get out, and went along with my everyday routine.

This past weekend, I got a phone message from the GM at my gym, asking if I own a silver Volvo - if so, please come in and ask for him.

I came in, and met with the GM, who went on to say that the owner of the S4 accused me of scraping the side of his car upon parking.

I was stunned by the accusation because I definitely would have noticed if I had hit a car. Furthermore, I would have gotten out and at least left a note if I did. I did what anybody would have done by denying the accusation.

The GM then went on to say that he had a video recording of the incident, that shows me getting rather CLOSE to the S4, then pulling into another spot to avoid being accused of the crime.

Here's where it gets good - I asked to see the video recording and he claims that he already recorded over it as he has no choice with his current security setup. He claims that both him and the S4 Guy saw the clip and it is safe to say that I caused the damage even though it does NOT show me hitting the car.

Checking my car afterwards, the area which is claimed to have been the impact zone is in good shape. There are minor scratches, but no dolphin grey paint transfer or anything that would mimic the damage to his car. As for his car, there is no visible paint transfer, but an elongated dent/scratch along the side.

I called the S4 guy and he is pretty gun-ho that I hit him. He is apparently just as anal with his car as I am, and he claimed to have noticed it as soon as he left the gym. He also thinks I am a complete liar and knowingly committed the hit and run.

He got an estimate just around 2K to fix his car. He has already gotten his insurance involved and has a police report for the damage caused.

Basically, I have two guys saying I hit a car that I don't remember hitting and no damage to my car, with a video recording that no longer exists, a police report out for me, and a potential $2,000 out of pocket expense.

What the $?%@ should I do?:confused:
 

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+1 on seek a lawyer's advice. Either way there's no proof for the cops if they didn't see the video. So the only way the guy can actually get you to pay is through small claims court.
 

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It's all heresay, now that the video is gone (if it ever existed to begin with). You can use a paint depth meter to prove that your panel hasn't been repainted recently, but I doubt it'll go that far. What case could the A4 make? "The SR hit me, trust me!!"? Weak. It sucks the money you spend on a lawyer now will be less than the repair if you lose, probably.

Could there be another camera somewhere? Another store or the parking lot owner?
 

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ya if he recorded over the video then he recorded ovr his only "evidence" so there is no way he can claim he watched some video which shows you hitting the car but it got deleted but he knows what he saw. thats rediculous and not good enough to prove anything. now that i think about it actually you should take a proactiv approach and file your own police report and have them take pictures of the area which supposedly impacted this persons car to show that there is no damage which would correlate.
 

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I'd contact a lawyer and have them take over the issue resolution from here on out. A hit & run is a pretty serious issue, and if mishandled, will tarnish your driving record. Good luck.
Call a lawyer, preferably someone who does traffic law.

Insurance companies do NOT like hit and runs.
 

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Discussion Starter · #7 ·
The building is free-standing with nothing near it - it's in like an industrial area. I got to look at his camera's and they are pretty good for security cameras.
 

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If I can reenact the accident. Audi is head in first right. You pull head in first. What direction where you coming from. Left turn into spot or right turn into spot? Also where did you park, on the left or right side of dude.

Go back to accident scene, look for the camera. Go see if they can really see where the accident too place. Simple

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just say "vid or it didn't happen"

But very good advice in this thread.. I find it odd that there would be 2k in damage.. And conveniently a deleted video.. Unless they have proof this feels like a scam. make sure you get pics of his "damage" as well and see if there is any paint transfer.. If there is... I think they should be able to analyze the paint and tell what car it came from.
 

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OK, every day people jump to conclusions. I worked at a car dealer and ALL the time people would bring in dirty cars and they would get washed as part of service. Then they would come to get car and see damage that was not visible when car was dirty and the damage would be blamed on the shop.
My ex had insurance company, police, and a lawyer all involved in what she thought was a parking lot incident. The car was close and she could hardly get in car. She got to Starbucks at edge of mall and saw the damage and returned and blocked in the car and called out the dogs.
She called me and I said that was old damage I saw two weeks earlier. She drives into posts at bank and garage door side all the time. The car too close is white and had front bumper corner scrape and the house trim is white. She had hit the garage but never looked at car till the car got too close. Boy did I get **%&$ for deferring the blame.

Your volvo would not be able to do $2000 damage to the audi without sustaining some visible damage. If you fixed it that would be visible too.

As others said, if the footage was the evidence of accusation then it needed to be retained or it is not evidence of the cause of accident.
 

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Anything regarding potential litigation needs to be through private messaging.

I know the OP is upset and looking for advice but this needs to be done privately.

Been there, done that. This thread will be deleted in 6 hours.

Mod
 

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If I were looking at this from a physical evidence standpoint I would be checking for two-way paint transfer - is paint from car A on car B? Is paint from car B on car A? Is there corresponding damage? For example, is there scratches to the front bumper cover that you might expect if someone swung wide when parking or reversing out? If his paint is scratched, then I would expect paint on the area of the offending car in the area that contacted it. Without your ability to review the recording yourself you have no way to defend yourself from what they're saying. If it were that damning of evidence why wouldn't he record the clip on his phone or something? Also, let's say you did hit it, wouldn't someone who didn't want to be responsible take off if they just tagged an expensive car? Why would you go on into the gym if you had just hit his car? You see what I'm saying? Not the actions of a guilty conscience. In fact, you yourself left the spot because you didn't like how close the car next to you was - the next person to park there could have just as easily been the offender. Did they check all of the recording for the time the S4 was there? Important questions. Thoroughly document the exterior condition of your car in the relevant area, take lots of photos. Document your conversations with person, date/time, and summary of discussion for any contact surrounding this event. Maybe time for a lawyer, I'm afraid. Not sure how it works where you're at, I think here in Cali the plaintiff would file a civil case and if it's small claims court, there are no lawyers involved. If a criminal case was filed, that's a different story altogether. If you haven't already, I would probably contact your insurance company to let them know what's going on.
 

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heres my 2 cents..

this sounds like the gym owner and the s4 guy are in kahoots..

reason number one.. if thier evidence of a crime/accident the owner of the system has to be very carefull with the evidence. Reason why is lets say he actually showed the tape to the s4 guy(which i think is bullshnit)and know this s4 guy gets pissed and kicks your ass.. The owner of the gymn is now liable and can be arrested and is also gonna have a nice lawsuit on his hand.. The first thing the owner of the gym should of done is called the police once the s4 owner claimed someone hit his car. You dont say hold on, why dont you come with me to my security room so I can show you the tape

Reason number two. most secuirty systems are crappy(unless its a legit place) so if he actually did see the evidence of you hitting the car then its really simple to save the clip.. Its when something happend last week and the have to go back and check tapes is when they get over written.. But once you see it, its very simple to save the data..
 

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The should have never recorded over that video. If he decides to try and do anything which i see there is nothing more he can do except take you to court. Your word against his and the gym owner who say they saw the video. Judge will ask for the video evidence...they will say they recoreded over it...... Judge will shake his head and throw the case out. Just remember I am a utility worker not a legal advisor... JUST MY .02 CENTS.

There must be evidence! I would speak to him no more about it..
 

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Yeah really all he can do is serve you for small claims court. There was no immediate calling of the police on the spot, so there's no "evidence". All he can do is file a report, which gives you a chance to file a counter-report. As there is no evidence, he has no proof- BUT he does have someone to corroborate his story. This may come down to you needing a lawyer, so I'd go retain one if he serves you.

So, if someone you don't know asks your name, that is, "are you ___ _____?" Say no :D
 

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end of the day you are done with that gym, unless you want to start driving a beater there and constantly looking over your shoulder for roid raging a-holes.
 

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They have no proof. Contact your insurance company and give them a heads up. Your insurance company should fight this because they would be the ones paying if you actually hit someone.
 

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They have no proof. Contact your insurance company and give them a heads up. Your insurance company should fight this because they would be the ones paying if you actually hit someone.
This is the most correct response to your question about what to do. You pay your insurance to represent, and defend, you in such occurrences. Call your agent and let them do their jobs.
 

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I would have gone directly to the local police or sheriff station to identify that there is no damage done to you car. Obviously there would be paint damage to your car if you left paint on the S4. I would then press for insurance fraud charges on the GM of the GYM and the S4.

If you haven't gone to the police yet, do so ASAP. The lawyer suggestion is great if you are sued in civil court, but you compound the problem by not reporting to the police on a hit and run charge and you make it worse by letting time lapse where you could have repaired your car. Photos don't do much because it's questionable when you shot them.

adding:

They have no proof. Contact your insurance company and give them a heads up. Your insurance company should fight this because they would be the ones paying if you actually hit someone.
I agree with this too, but I would still go by the local police.
 
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