BPD Crash-Scene Warning: Lawyer Says Conduct Resembles Illegal ‘Capping’

Police say the men appeared at multiple crash scenes

BAKERSFIELD, Calif. — Bakersfield police are warning people involved in traffic crashes not to provide personal or insurance information to unauthorized bystanders after reports that two men appeared at multiple collision scenes and asked questions of those involved.

BPD identified the men as 29-year-old Gianfranco Lopez Butron and 33-year-old Jean Pierre Jara Lopez. Police said the men indicated they might be collecting information for insurance purposes but did not provide a further explanation, according to the department's warning reported by BakersfieldNow.

Police said the men left when authorities approached them. BPD has not disclosed how many crash scenes were involved, what information was obtained or whether any information was misused.

Read the source: BakersfieldNow: BPD warning about personal information sought at crash scenes ↗

The warning does not establish a crime

The purpose of the contacts remains unknown and the incidents are under investigation, BPD said. The public advisory does not announce that either man was arrested, charged or convicted, and it does not establish that either man committed insurance fraud.

Naming people in a police warning carries a responsibility to preserve that distinction. The verified fact is that BPD identified the men and asked the public to use caution; any claim about criminal intent would go beyond the information police have released.

Anyone who recognizes the names or photographs should contact police with firsthand information rather than confronting, following or threatening either person. Tips and online speculation are not substitutes for evidence reviewed by investigators.

Read the source: BakersfieldNow follow-up: Local attorney says the reported behavior resembles capping ↗

What ‘capping’ means—and what has not been proved

Bakersfield attorney Chris Hagan told BakersfieldNow on Thursday that the reported crash-scene conduct resembles ‘capping.’ California Business and Professions Code section 6151 defines a runner or capper as someone who, for compensation, acts as an agent to solicit or obtain business for an attorney or law firm.

Section 6152 makes that paid solicitation unlawful in public places, on streets and highways, in hospitals and on private property. Penal Code section 646.6 separately makes it a misdemeanor to knowingly solicit an injured person directly for the sale or use of photographs connected to the accident.

Those statutes explain Hagan’s concern; they do not prove that either man identified by BPD was working for an attorney, expected payment, sought photographs or violated either law. Hagan’s characterization is a legal professional’s assessment reported by the station, not a police finding, charge or court judgment.

Read the source: Bakersfield Police Department: Official contact information ↗

Who legitimately needs information after a collision

California DMV guidance says drivers involved in a collision must show their driver's license, vehicle registration, insurance information and current address to the other driver, law enforcement and others involved in the collision. That requirement does not mean an uninvolved stranger is entitled to collect the same records.

Drivers can provide information directly to the other involved party, a responding officer and their insurer through a phone number, website or application they independently verify. Do not hand an unfamiliar bystander a driver's license, insurance card, medical document, phone passcode or photograph containing account details.

The DMV also requires an SR-1 report within 10 days when a collision causes injury or death or more than $1,000 in property damage. Law enforcement does not file that DMV report for a driver; the driver or an authorized representative must submit it.

Read the source: California DMV: Required information exchange and collision-reporting guidance ↗

What to do if someone already collected your information

BPD asks anyone approached by either identified man, or anyone with information about the investigation, to call the department's Traffic Unit at (661) 326-3882. The department's general nonemergency number is (661) 327-7111.

Write down when and where the contact occurred, what the person said, what was shown or photographed and any vehicle description. Preserve messages, business cards, photographs and dash-camera footage without posting sensitive documents publicly.

If a driver's license, Social Security number, account information or other identity data may have been exposed, IdentityTheft.gov can create a recovery plan. Contact the relevant insurer or financial institution through a verified channel and watch for unfamiliar claims, accounts or requests for verification codes.

The accompanying image is an authentic public-domain photograph of a Bakersfield Police Department cruiser used as local law-enforcement context. It does not show either identified man or one of the reported crash scenes.

Read the source: California DMV: File a Report of Traffic Accident Occurring in California ↗