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by cbaka815 on October 9th, 2006

cbaka815

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I was issued a citation on private property for scratching a parked car with my own car. I was told that because no one was hurt and I was on private property, that the police officer should not hacve given me a ticket. Is that true?

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Answers. 7 helpful answers below.

  • by ddixonart on October 9th, 2006

    ddixonart

    Law aside, let's look at the ethics of the situation. If you put yourself in the position of the person whose car got damaged, then how do you feel about the ticket? I think you'd think the person who damaged your car SHOULD receive a ticket.

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  • by Gideon on January 22nd, 2007

    Gideon

    Depending on your area, yes, the police can issue you a citation, particulalry if you didn't stop to report the incident.

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  • by Anonymous on October 9th, 2006

    Anonymous

    The vast majority of police departments, throughout the united states, are not answering property damage only accidents, on private property. there are two exceptions: if it involves personal injury and if its a hit and run accident, with a witness.

    Question: was your accident a hit and run? did you hit the other vehicle and leave the scene? did the officer come to your home and issue the citation? need answers.

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  • by tjatherton on October 9th, 2006

    tjatherton

    If this was a grocery store shopping parking lot or such, many parking lots are private property but are still under local code enforcement. If you broke a law, then you may be liable for the ticket. Otherwise, just scratching another car and leaving your name and insurance information on that car, should not be a violation.

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  • by RCman on December 11th, 2009

    RCman

    True that most dept(s) do not respond to non-injury accidents on private property. LAPD they don't even responded to hwy accidents unless there are injuries. They tell the people to exchange names. However, I do have a question what kind of violation would that be for "scratching a car? " Are you sure its not a Municipal code violation? Many city create some of their own laws by using Vehicle codes and Penal codes as a guidline, but citing for scratching a car, that's a new one on me. What's the section?

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  • by geek860 on October 9th, 2006

    geek860

    Debatable. Depends on the area. Check with your local police traffic division. That means calling them or going down and simply asking the question.

    Or, if you have a free legal advice line, call the one that deals with traffic offences and ask them. They should know. It could be a point to bring up in court but like it said it depends on some circumstances.

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  • by RCman on December 11th, 2009

    RCman

    As for California, it requires a resolution by the City Council to site on private property. If you look at the California CHP manual, you will find an area dedicated to private property. You will see that private property is NOT considered part of a highway and thus does not fall under areas that are citable by a vehicle violation. However, there are some exceptions to the rule, reckless and or exhibition of speed which allow for a citation. For an officer to write a accident report he or she would need to indicate in the “Primary Collision Factor” box a vehicle code violation and if you can’t have a violation without a resolution how then can you cite at the scene and/ or later after an investigation. The bottom line is that some officers do not know this and wind up shooting from the hip and maybe something will stick to the wall.

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