When people hear “evading responsibility” (Connecticut’s version of hit-and-run), they usually picture the driver who caused the crash and then sped away. But in my practice, I get a very different kind of call all the time:
“Attorney Friedman, I wasn’t even driving. I lent my car to a friend. Now the police are saying my car was in a hit-and-run. How can I be in trouble?”
Here’s the uncomfortable truth:
In Connecticut, if your vehicle is involved in an accident and leaves the scene, and the actual driver can’t be identified, you, as the owner, can be charged criminally with evading responsibility.
This article explains how that happens, why the law works that way, and what you should do if you’re the owner caught in the middle.
What Is Evading Responsibility in Connecticut?
Under Connecticut law, if you’re knowingly involved in a motor vehicle accident, you have legal duties to:
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Stop as soon as it’s safe
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Give your name, address, driver’s license number, and registration/plate number
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Provide your insurance information if asked
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Offer reasonable help if someone is hurt
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If you can’t exchange information at the scene, promptly report the accident to the police
If you drive away without doing those things, you can be charged with evading responsibility under Connecticut General Statutes § 14-224.
The consequences depend on what happened in the crash:
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Property damage only – usually a misdemeanor
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Injury, serious injury, or death – felony-level charges
On top of that, a conviction can bring:
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Possible jail time
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Fines and probation
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A permanent criminal record
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A DMV license suspension
So even if the damage didn’t seem that bad at the time, evading responsibility is a serious criminal allegation.
The Trap for Owners: When the Law Treats “Owner = Driver”
Here’s the part most people have never heard about.
Connecticut has a separate rule that lets the State start with the assumption that the registered owner of a vehicle was also the driver when a motor vehicle law is violated, including evading responsibility.
Translated into plain English:
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If the police can show that your plate was on the car that left the scene,
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The law lets them presume you were the operator,
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Unless there’s strong evidence showing someone else was actually driving.
That’s how owners wind up getting dragged into evading responsibility cases even when they never touched the steering wheel.
“But I Lent My Car to Someone Else. How Is This My Problem?”
This is exactly how these cases usually start:
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There’s a crash.
Your vehicle—or a vehicle that looks exactly like yours—hits another car, a fence, a parked vehicle, a mailbox, a guardrail, or even a pedestrian, and then leaves the scene. -
Someone gets the plate.
A witness takes a photo, writes down the plate, or a surveillance camera catches your rear plate as the car drives away. -
Police run the registration.
It comes back to you as the registered owner. -
The owner presumption kicks in.
At that point, the State is allowed to treat you as the driver unless there’s clear evidence to the contrary. -
Now you’re on the hook.
If the actual driver can’t be clearly identified or is not cooperating, prosecutors may decide to go forward against you as if you were the evading driver.
That’s why, from the moment your car is linked to a hit-and-run, you—the owner—are suddenly at the center of a criminal investigation.
Common Real-World Situations Where Owners Get Blamed
1) You loaned your car to a friend or acquaintance
You hand your keys to a friend or co-worker. They’re running errands or heading out for the night. There’s a minor collision at a light or in a parking lot, and they panic and drive away.
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The other driver or a witness records your license plate number.
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The police trace it back to you.
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If your “friend” disappears or refuses to cooperate, the State’s only solid name is yours.
2) Teenagers or young adults using your vehicle
Your teenager or college-age child borrows your car. They scrape a parked car or clip a mailbox and continue on their way.
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They’re scared to tell you what happened.
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You find out when officers show up at your door.
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If nobody steps up to admit they were driving, you may be charged as the evading driver.
3) Company cars and work vehicles
You own a small business and let employees use a company car. An employee sideswipes another vehicle and doesn’t report it.
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The vehicle is registered in your personal name or your business name.
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Police cannot determine which employee was behind the wheel.
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The State may still pursue charges against the owner, especially in serious cases.
4) Unauthorized use or “I didn’t know they took the car”
Sometimes someone uses a car without your permission—a relative, neighbor, or anyone with access to the keys.
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You may have a strong defense if we can prove the car was used without your consent.
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But until that proof is developed, you may still be questioned or even arrested as the registered owner.
What the State Still Has to Prove
Even with the owner presumption, the State doesn’t get an automatic win. To convict anyone of evading responsibility, prosecutors still have to prove:
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A motor vehicle accident occurred.
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The defendant was operating the vehicle involved.
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The defendant knew they were involved in an accident.
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The defendant failed to stop, exchange the required information, and/or promptly report the accident to law enforcement.
The presumption mainly gives the State a leg up on step #2—proving who was driving.
As your defense lawyer, my job is to break that presumption by showing there’s reasonable doubt about who was actually behind the wheel, or by attacking other weaknesses in the State’s case.
How Lending Your Car Can Put You in Criminal Danger
Most owners think:
“If I wasn’t driving, I shouldn’t be responsible. Let the police find the real driver.”
That’s a fair way to look at it, but it’s not how these cases usually unfold.
Because your plate is tied to the scene, you become the easiest person to charge when:
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The borrower won’t admit they were driving,
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The borrower can’t be found,
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Witness descriptions are vague, or
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Police think you’re protecting someone.
If you simply say, “It wasn’t me, but I’m not going to say who it was,” the State may still charge you as the driver and let the court sort it out later. On the other hand, if you start talking too freely, you can accidentally incriminate yourself or someone else.
This is why it’s critical to get legal advice before giving a detailed statement to the police.
Your Rights If Police Say Your Car Was in a Hit-and-Run
If officers contact you about an alleged evading responsibility accident involving your car, remember:
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You have the constitutional right to remain silent.
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You are not required to explain yourself or “clear things up” on the spot.
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You have the right to a lawyer.
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You can absolutely say, “I want to speak with an attorney before I answer any questions.”
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You don’t have to guess or speculate. You are not required to fill in gaps for the police or guess about details you don’t know.
I tell clients this all the time:
Walking into a police interview without a lawyer in an evading responsibility investigation is like walking into a final exam you never studied for—where every wrong answer can be used against you.
Defenses and Strategies in Owner Evading Responsibility Cases
Every case is different, but some common defense strategies in these “owner wasn’t driving” situations include:
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Proving someone else was actually operating the vehicle.
Text messages, social media posts, location data, work records, and witness testimony can all help establish who was actually driving the car at the time of the crash. -
Challenging the identification of the vehicle.
Sometimes the car description or partial plate doesn’t truly match your vehicle, or the lighting and video quality are too poor to prove it’s your car beyond a reasonable doubt. -
Showing a lack of knowledge of the accident.
In minor contact cases (such as light taps in parking lots), it may be reasonably debatable whether the driver even realized there had been an impact. -
Unauthorized use / no permission.
If your car was used without your consent, we can argue that the owner presumption should not be used to blame you for someone else’s wrongful use of your property.
The goal is to build a coherent, evidence-based defense—not just say “I wasn’t driving” and hope for the best.
What to Do Right Away If You Learn Your Car Was in a Hit-and-Run
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Stay calm and don’t start explaining everything on your own. Anything you blurt out in panic can be used against you.
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Don’t coach anyone else. Telling others what to say creates serious risks for everyone involved.
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Write down what you know, for your lawyer. Make a private note: who had the car, when they took it, when they returned it, where you were at the time, and how you found out about the incident.
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Contact a Connecticut criminal defense lawyer immediately. The earlier an attorney gets involved, the more options you have. In some cases, early intervention can even help avoid an arrest or reduce the severity of the charges.
Facing an Evading Responsibility Charge as a Vehicle Owner?
If your car has been linked to a hit-and-run anywhere in Connecticut and the police are now focusing on you as the owner, you’re in a very delicate position.
You might not have been driving, but the law doesn’t always give owners the benefit of the doubt. You need someone in your corner who understands how these owner-presumption cases work and how to push back.
If you’ve been contacted by the police, received a letter, or have already been charged with evading responsibility, don’t try to handle it alone.
Reach out to an experienced Connecticut criminal defense lawyer to go over what happened, review your options, and start building a strategy to protect your rights, your record, and your driver’s license.
FAQs About Evading Responsibility When Someone Else Uses Your Car in Connecticut
1) Can I really be charged with evading responsibility if I wasn’t the one driving?
Yes. If your vehicle is involved in a hit-and-run and the actual driver cannot be clearly identified, the State can start with the assumption that the registered owner was the operator. You can be arrested and prosecuted even if someone else was behind the wheel, unless there is solid evidence to show otherwise.
2) What if I lent my car to a friend or family member and they ran from an accident?
This is one of the most common scenarios. You lend the car, they get into a crash, panic, and leave the scene. The plate gets reported, and the police come to you as the owner. If the person who borrowed your car doesn’t step up—or can’t be located—you may find yourself treated as the evading driver. That’s when you need a lawyer to help sort out who was actually operating the vehicle and build a defense.
3) Do I have to tell the police who was driving my car?
You have the right to remain silent and to speak with a lawyer before answering questions. You’re not required to guess or “fill in the blanks.” How you handle questions about who had the car can have major consequences for you and for the borrower. Talk to a lawyer first.
4) What if my car was used without my permission?
If someone took or used your car without your permission, that can be a powerful defense to an owner-based evading responsibility charge. We’ll aim to back it up with evidence—messages, prior disputes, camera footage, or witnesses confirming you didn’t authorize the use.
5) Will my insurance cover the accident if my car was in a hit-and-run but I wasn’t driving?
Insurance and criminal liability are separate. Your policy may still apply for property damage or injuries caused by your vehicle, even if someone else was driving. But insurers do their own investigations and may use your statements later. Before giving a detailed statement to an adjuster, consult a lawyer.
6) What are the penalties for evading responsibility in Connecticut?
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Property damage only: typically a misdemeanor with potential jail, fines, probation, a criminal record, and a license suspension.
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Injury, serious physical injury, or death: felony-level charges with much more severe penalties and long-term consequences.
7) Should I talk to the police before I call a lawyer?
I recommend speaking with a lawyer first. By the time police contact you about an evading investigation, they already suspect you or your vehicle. Anything you say can be used against you. A defense attorney can advise whether to give a statement—and how to do it safely.
8) How can a Connecticut criminal defense lawyer help in an owner-based evading responsibility case?
A skilled defense lawyer can:
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Review the evidence tying your vehicle to the scene
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Challenge the assumption that you were the driver
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Help gather proof of who was actually operating (if it’s safe to do so)
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Present defenses such as lack of knowledge, unauthorized use, or mistaken ID
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Negotiate with prosecutors to reduce or dismiss charges where possible
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Guide you through every step of the court and DMV process
Bottom line: your lawyer is there to protect you from being unfairly blamed for someone else’s bad decision just because your name is on the registration.
TAKE ACTION NOW
If your car has been linked to a hit-and-run—or you’ve been contacted by police about an evading responsibility investigation—don’t guess and don’t go it alone. Every word matters. I’ll step in, protect your rights, and start building a defense immediately.
Call Allan F. Friedman Criminal Lawyer at (203) 357-5555 or reach me through my Contact Page for a fast, confidential consult.
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