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Last night at around 2.am i was stopped at a red light waiting to make a left turn when a drunk driver plowed into my trucks rear, apparently going around 30-40 mph. There car was totaled and mine was still drievable. What happened though was right after they hit me the driver and 3 other passengers got out before i even did and started running away trying to get away. I immmediately got on the phone with 911 and told them what happened. Later on the cops arrived and caught the hit and run driver which i identified, but I could not identify the passenegers as i did not see them. I identified the driver because he left and came back and tried to start the vehicle because he was trying to leave. He was stumbling all around due to the liqour. When they found him he was arrested and then ran away from the cops. The cops say he ran into a pole and broke his nose when they caught him. So his charged are drunk driving,hit and run,& evading arrest. I have insurance and a license. What can i do

2006-10-22 00:24:04 · 5 answers · asked by Roger 1 in Politics & Government Law & Ethics

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2006-10-22 00:25:12 · update #1

I believe the driver did not have a license or insurance because he fled the scene along with all passenegers? How can my insurance company help me? Can i sue if he does have insurance? I was fine after the accident, but now my neck is hurting. Should i hire a lawyer?

2006-10-22 00:27:20 · update #2

Can I still do something even if it turns out he didnt have a license or insurance? What happens then? I already contacted my insurance company and they said they would return my call tomarrow or later on today. Anyone know of a good lawyer in california? Thanks in advance for the help.

2006-10-22 00:41:29 · update #3

5 answers

You may (and I hope do) have uninsured motorist coverage. That will pay you up to policy limits or legal minimums for your damages. You should also have medical payments cover to pay for your whiplash if you suffered that.

Don't rush off to a lawyer first thing: the last thing you want to do is to have to pay his or her fees out of your recovery. You may or may not need a lawyer; and if you are in litigation and/or receive money from your insurance company, you can't hire a lawyer or proceed in court without their cooperation and consent; and they may choose, and pay for, the lawyer if their interests are involved or if you are sued. (Yes, you can be sued; the drunk may say you didn't signal or your stop lights weren't working or something else, true or not.)

The police report is the most important thing. Get a copy of that. And write down your own recollections of the crash. Take photographs of the truck, the car, and the site. You will have to file a full report with your insurance company (you say they already know about the incident); a "claim" will follow automatically.

If you have a lien on your car (an auto loan) the lender will need to know as well.

Good luck.

2006-10-22 01:01:23 · answer #1 · answered by Anonymous · 3 1

To start with, notify your insurance company.

Given another alternative, your insurance company would rather not cover your loss, so their first step will be to try to make the other driver's insurance pay. You should know by the end of this week whether there's any such insurance. If there is and it covers your losses, then there's no problem.

If the other driver doesn't have insurance, the question becomes whether your Uninsured Motorist Coverage will pay. If it will, there's no problem.

If you still going to have a loss after that, you need to have a lawyer to collect more.

2006-10-22 07:39:43 · answer #2 · answered by open4one 7 · 0 1

As your planning to take a legal action why dont u take a suggestion from u r lawyer coz u need to hire a lawyer to proceed with legal action

2006-10-22 07:34:17 · answer #3 · answered by Rocky 1 · 0 1

First file an insurance claim and seek an attorney ASAP! Don't even hesitate....Monies for you injuries and pain and suffering is there an excellent attorney will take it and run with it....They will find it...I cannot express to you enough contact one IMMEDIATELY!

2006-10-22 07:37:15 · answer #4 · answered by Mechelle 3 · 0 1

Open a beer. Then go grab some burgers!

2006-10-22 07:53:25 · answer #5 · answered by big b 1 · 2 0

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