If there was nothing criminal in this "fender bender," why did you need to exercise your rights under Miranda or the 5th Amendment? A simple accident
has nothing to do with the police (most departments won't even respond anymore to a non-injury vehicle accident, some will just to assist with a
report for insurance purposes and to make sure traffic isn't impeded or citizens endangered by the aftermath of the accident). It's a civil issue
unless something else pops (like you or the other driver were intoxicated, someone was in the on-coming lane, someone ran a stop sign, etc...)
In fact, in your insurance policy there is probably some verbage requiring you to give a statement of the facts regarding the incident for you to even
have coverage in the first place.
I would say even in a civil case, if possible, do not give a statement until you had a chance to talk to a lawyer. Right after an accident, many
times people are really emotional and can't give enough important details.
You can attempt to talk to the police after a fender-bender, but it could go wrong, for example, one of my friends from college who is a brilliant
political science graduate was pulled over once and since it was winter, his hands were shaking, and the police brought extra cars because they
thought he was on coc aine or meth.
As for me, I have anxiety, and when the police pull me over for some fabricated reason to do a stop and frisk or whatever, they ask me questions like
"Where are you going?" "Where are you coming from?" "What are you doing driving at night?" "Where do you live?" and all this.
I already have bad enough social anxiety. I don't know what could happen. I have been in a situation where the police have thought I was involved in a
non-existent drug ring before, and they can ask so many questions that get so confusing sometimes, that I'm not sure what would happen -
They could even try to cover their tracks after they found out they were wrong, as they already did on the police report my lawyer asked for. It's a
messy state of affairs.
I risked it once when I had a fender bender, yeah, but Jesus... I don't know... maybe you do have to talk to them to have them facilitate trading
insurance information, and the police should be called in the case of an accident but...I don't know what to say.
I would rather be on good terms with the law enforcement officers, but it is hard when they are not following their own laws themselves. I would go so
far as to say until law enforcement officers start following the law, I would consider treating them as criminals - which means staying away from
Another time, my car was licensed in Washington and I was living in Idaho, so the officer gave me a set amount of time to license my car or else I
would get a fine I could not afford, but the car was licensed to my parents and there was not enough time to get the paperwork done before his
Luckily my attorney had the date extended...
edit on 07pmThu, 07 Nov 2013 21:19:41 -0600kbpmkAmerica/Chicago by darkbake because: (no reason
edit on 07pmThu, 07 Nov 2013 21:22:10 -0600kbpmkAmerica/Chicago by darkbake because: (no reason given)