Ask a lawyer on the topic of Traffic law

Summons as a witness for leaving the scene of an accident.

March 20, 2010 | 30,00 EUR | answered by Bernhard Müller

Good day,

As the owner of a vehicle, I have received a summons from the police in Wuppertal:

"Investigation against unknown individuals for leaving the scene of an accident, your statement as a witness is required. To clarify the above-mentioned incident, an inspection of your car is necessary. Please bring your driver's license and vehicle registration document."

At the time described in the summons, my father-in-law was driving my vehicle.

There are slight fresh paint marks from a green vehicle on the front right side of my car. We only noticed these because of the summons.

My father-in-law suspects that he may have slightly swerved to the right to avoid a garbage truck and may have hit a curb. There were probably cars parked on the curb, and he may have lightly scraped one of them, mistaking it for the curb. That's why he continued driving and was unaware of any accident.

The summons does not specify a street or any details of the accident. It is currently just a guess that it might be related to the garbage truck situation mentioned.

What is the most sensible course of action now? Should I go to the summons with my father-in-law and give a statement about the situation? Should I refuse to give a statement because it may incriminate a relative? Shouldn't a lawyer have access to the case file beforehand? Should a lawyer be present during the witness statement?

It is likely that my father-in-law, even unknowingly, committed a hit-and-run. The focus now is on behaving appropriately to minimize the legal consequences. There was no financial reason to flee the scene, as the vehicle is fully insured.

The responding lawyer should be able and willing to take over the case. I have legal expenses insurance.

Thank you in advance.

Bernhard Müller

Dear Inquirer,

Refusing to make a statement and obtaining access to the files through a lawyer is always the best course of action. You do not have to follow a police summons. It is sufficient to inform the police in writing or by phone that you refuse to make a statement and that your lawyer will take a look at the files.

Whether your car is the vehicle involved in the accident will be determined by the police through the analysis of paint traces. Seizing the vehicle for examination will be unavoidable if there are enough actual indications that it is the accident vehicle. However, the police would have to prove who was driving the car. Whether they are successful in doing so if you refuse to make a statement depends on which other witnesses have come forward. This can only be found out through access to the files. Until then, you should definitely refuse to make a statement.

Your legal expenses insurance will not cover this case. Legal expenses insurances generally contain exclusion clauses for intentional criminal acts.

If I were to take on the case, you may incur travel expenses that would not be incurred by a local lawyer. However, I am willing to take on the case.

You can reach me at my email address
rabernhardmueller@alice-dsl.net

If I were to take on the case, I would need the case number. It would be best if you could send the summons as a PDF file.

Yours faithfully,

Bernhard Müller Attorney at Law