Date: Sat, 9 Jan 1999 14:06:48 -0500
Reply-To: "Robert A. Alexander" <satcong@VOL.COM>
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: "Robert A. Alexander" <satcong@VOL.COM>
Subject: AUTOMOBILE ACCIDENT REPORTING VS CALLING THE GENDARMES!
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John - This is quite a subject. Enough so, one of my 10th grade
daughters is going to do a report on it in English.
Tennesse statues require only the "reporting" to local law enforcement
officials of any accident involving death, injury, or property damage
over fifty ($50) dollars. In addition, "reportable accidents", those
involving death, injury or property damage in excess of four hundred
($400) dollars, require reporting such to the TN Department of Public
Safety within 20 days.
There was no specific mention of when one HAS to call the authorities
and sit there, after an accident, and wait for a law enforcement officer
to show up and make a report!
This is where it gets interesting! I called our local police (Soddy
Daisy), Chattanooga (suburb of Soddy Daisy) police, Hamilton County
Sheriff's Department and the TN Highway Patrol. Little agreement
amongst the four OTHER than what's spelled out in the Statues.
Total agreement, though, that one could not be prosecuted for "leaving
the scene" IF both parties exchanged information at the site and agreed
to leave the scene. Obviously, it seems to entail more of a "common
sense" approach than a "legalese" one.
Apparently the determination of whom to charge with "leaving the scene"
is made by one NOT having the "exchanged information" on their person!
The example I was given was the scenario of an accident where both
parties agree to let their insurance companies handle the problem, they
exchange DL numbers, Insurance Co. names & policy numbers, tag numbers,
location, etc. NO problem as long as both parties make a report to the
locals & the State. THEN, the scenario where an accident occurs,
argument results and one party leaves. Other party stays, calls the
authorities, the "one party" is found and asked to produce the
"information" about the other party involved in the accident, can't do
it and an arrest is made.
ALL four offices made the point to me that immediate, on-site accident
investigation is more of a "civil" matter than a "criminal" matter, for
our own protection.
I did get a few good examples, though, of how one can get their butt in
a sling. An accident where both cars sustained minimal damage, but
broken glass was left on the roadway, three mailboxes were destroyed and
a speed limit sign was demolished. Both drivers agreed to let their
insurance companies handle it and left the scene. The authorities
arrested them both for leaving the scene, mainly for leaving glass on
the roadway.
BOB - WA4RRN
'85GL
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