Q&A: A Car in a Situation of Doubts Upon a Doubt
A Car in a Situation of Doubts Upon a Doubt
Question
I pulled into parking in a questionable area. Maybe one of the shadiest in the country, and at hours when it’s better not to be there…
(There’s a small hospital there, and I went to fulfill the commandment of visiting the sick, and there was no other way.)
Suddenly I felt that maybe my car had bumped into something. I got out, and it’s possible that I slightly scraped the bumper of an expensive car that was parked there; it’s also possible that I didn’t.
Or maybe all of that was already there beforehand, and I just ran into existing damage.
Or maybe I didn’t hit it at all.
Or maybe I added something to the existing damage.
In any case, there is some damage there, and it’s doubtful whether it has anything to do with me.
Waiting there forever until the car owner showed up wasn’t practical. Leaving a note—I was also worried that maybe the owner was one of the local unsavory types (there are plenty of them there), and would call and charge me outrageous sums; I’ve heard of such things actually happening.
So I did a hit-and-run.
Did I act properly?
Answer
If it is clear to you that you hit it, and you just do not know what the damage was and whether some of it was already there beforehand, the burden of proof is on you. Therefore, you did not act properly. But if there is doubt whether you hit it at all, then the burden of proof is on the claimant. In such a case, in principle you still ought to notify and let the legal and investigative system decide (or the insurance investigators on both sides). But if there is concern about fraud, I can understand your decision.