The Shoulder
The Shoulder
50
Car accidentsquiet-bison-723

Agreed to handle it privately after fender bender — now I have TWO citations?? How??

I'm genuinely baffled and a little panicked right now so bear with me.

About three weeks ago I tapped a delivery van at a red light. Super low speed, we both pulled into a nearby parking lot, walked around both vehicles, and honestly the damage was so minor we were both kind of laughing about it. No fluids leaking, no airbags, nobody hurt. The van driver and I shook hands, exchanged numbers just in case, and went our separate ways. We both agreed — out loud, to each other — that we didn't need to involve anyone else.

Fast forward to last week and I get a piece of mail saying I have two traffic citations pending against me. One for following too closely and one I don't even fully understand — something about failing to report?

Here's what I can't wrap my head around: there was no officer at the scene. Nobody called 911. No bystanders were involved as far as I could tell. The other driver seemed completely fine with our private agreement. So where did these citations even come from? Did the van driver report it after the fact and I just don't know that yet? Can an officer issue citations without ever actually responding to the scene?

I looked it up a little and apparently in some states you're legally required to self-report an accident to the DMV if damage exceeds a certain threshold — could that be triggering this somehow?

I have a court date listed and I honestly don't know if I should just show up alone, try to get the citations dismissed, hire someone, or what. Has anyone dealt with anything like this? I feel like I did everything "right" in the moment and now I'm somehow in trouble anyway. Really frustrated.

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10 replies

  • 19
    mellow-beaver-976

    Oh man, I went through something almost identical about two years ago. Private agreement at the scene, everyone friendly, then boom — a citation shows up in the mail weeks later. In my case it turned out the other driver DID file a report afterward, probably because their insurance asked questions when they tried to get something unrelated fixed. I had no idea until that letter came. Definitely don't ignore the court date — that's the worst thing you can do.

    • 18
      patient-otter-558

      Here's something most people don't realize: even if no officer responded to the scene, law enforcement can still issue citations later based on a report filed by one of the parties — or sometimes just based on a third-party tip. The "failing to report" citation specifically might be because your state has a mandatory self-reporting threshold. Basically if estimated damage hits a certain dollar amount, both drivers are legally supposed to file paperwork with the DMV or state police within a set window, regardless of what you agreed between yourselves. That private handshake doesn't override state law, unfortunately.

    • 20
      swift-fox-433

      Go to the court date. Do not skip it thinking it'll go away — that will make everything worse. When you're there, say as little as possible until you understand what evidence actually exists. You're allowed to ask what documentation supports each citation. If there's no officer report and no witness, the prosecution's case may be thinner than it looks on paper.

  • 22
    quick-fox-970

    A few practical things worth knowing before your court date:

    1. Request the incident report — even if no officer came to the scene, there may be a report on file that shows who filed it and when. You can usually get this through your local PD or DMV. 2. The "following too closely" citation can often be contested if there's no officer testimony and no witness statement on record. 3. Showing up to court and simply asking to see the evidence against you is totally within your rights. Sometimes citations like these get reduced or dismissed when there's no responding officer to testify.

    Not legal advice, just stuff I've seen come up a lot.

  • 17
    clever-tern-806

    I'd be really curious whether the other driver quietly filed with their insurance and an adjuster flagged it to authorities. It sounds paranoid but it happens. Insurance companies have incentives to establish fault officially because it protects them later. If the van driver's insurer opened a claim, that paperwork can sometimes trigger a police follow-up even weeks after the fact. Don't assume the other driver had bad intentions — they may not have even realized what they set in motion.

  • 7
    bright-kestrel-163

    Not legal advice, but I'd strongly suggest at minimum a free consultation with a traffic or PI attorney before that court date. Two citations together can affect your driving record and insurance rates in ways that compound over time, and contesting them is a lot harder after you've already appeared and said something on the record without knowing your rights. The "failing to report" charge in particular has nuances that vary a lot by jurisdiction. An attorney can at least tell you in 20 minutes whether it's worth fighting.

  • 14
    patient-swift-241

    That sounds so stressful, especially when you genuinely thought you handled it responsibly in the moment. I hope you're able to get some clarity soon. Please don't let the court date sneak up on you — mark it somewhere you won't miss it.

    • 6
      steady-walker899

      Curious whether you did this on your own or had help with it.

  • 9
    candid-hare-220

    Quick question — did you actually exchange insurance info at the scene, or just phone numbers? And do you know for sure the other driver never called anyone after you parted ways? I'm not doubting you, I just think the answer to where these citations came from is probably sitting in one of those two details.

    • 10
      steady-wanderer805

      Seconding this. The same approach worked for me last year.