What happens when there are no witnesses?
Even if no witnesses were present when you got into an accident, you can still file a lawsuit. You can still be successful in your claim and recover compensation for any damages you have sustained, but you’ll have to collect the evidence yourself.
Do you need a police report for a fender bender in California?
In California, drivers involved in car accidents resulting in any injury or death – to a driver or pedestrian – are required by law to contact the police or highway patrol and make a written report within 24 hours of the incident.
Would you report an accident you caused if there are no witnesses?
Even if there were no witnesses to your accident, the law enforcement officials who arrive at the scene can provide you with a police report, which may assign fault to the other driver.
Can the police charge you without evidence?
You cannot be arrested without evidence. In order to be arrested for a criminal offense a police officer must have probable cause. Probable cause is a legal standard less than reasonable doubt.
Do police investigate minor hit and runs in California?
The police in California will work hard to identify the hit-and-run driver, for both the victim’s restitution and to punish the perpetrator. Police will work to investigate the accident, find evidence, and track down the at-fault driver.
Is a witness statement enough to convict?
What is reassuring for defendants is that whilst a signed statement from a complainant is enough for a charge, it is not necessarily enough to secure a conviction. The complainant must be able to convince the jury or magistrates that the defendant is guilty beyond reasonable doubt.
How do the police decide to prosecute?
When deciding whether there is enough evidence to prosecute, prosecutors must consider whether the evidence can be used in court and whether it is reliable. This means that they must assess the quality of the evidence from all witnesses before reaching a decision.
How long after a hit and run accident can you be charged in California?
six years
The statute of limitations for prosecutors to press hit and run charges in California is six years from the accident.
Do I need to report a minor car accident to the police?
You don’t need to leave your insurance details unless someone is injured, but it can speed up the claims process if you do. If you didn’t exchange details at the scene, you should report the accident to the police within 24 hours.
Can I be charged without evidence?