I was involved in a hit and run accident. My car was parked outside my apt. complex when it was hit. I called the police to have a police report done & asked the officer to go around the apt. complex insearch of the red car that hit me (their paint was all over my car where they hit it). The officer found the red car & had it towed for evidence. The officer did get the guy's contact info but, the guy got out of the hit & run penalty claiming he wasn't driving the car and wouldn't say who was but the officer told me 'that's the car that hit you'. He even got off again by saying he has car insurance but didn't show proof b/c it was in his car that was towed. I don't know how you can say you have car insurance & not show proof to a officer when it is illegal not to have car insurance. I did contact my insurance company & made a claim but they are having a hard time getting intouch with the guy that hit me. I fell like the guy that hit me will never pay for what he has done to my car.
2007-03-01 00:11:26 · 3 answers · asked by sjs 1 in Politics & Government ➔ Law & Ethics
You need to get a lawyer. They won't ever pay and even your insurance may not pay under uninsured motorists as 1) You have to get the person to admit they hit your car 2) Prove they didn't have insurance.
We had a similar situation and had to hire an attorney to take the case on a contingency fee basis + expenses to get anything, but did eventually get a settlement from our insurance company after a year and a half under uninsured motorists claim, then they went after the guy that hit us. Sad thing is contingency fees usually run to 33% if it doesn't go to trial and they win, to 40% if it does go to trial and they win, and any other expenses are not included in those percentages.
It was worth it in our case as the investigator got the culprit to confess and sign a paper admitting to it even after the police had failed by interviewing his friends and family members first who he had admitted his crime to. (He had no license, no insurance and did no time for his crime).
As there are no witnesses, it would likely be worth it in this case to go the lawyer route.
2007-03-01 01:28:21 · answer #1 · answered by bottleblondemama 7 · 0⤊ 0⤋
I am not sure of your court system in the state you live in but in Pennsylvania, I would file a CIVIL complaint with the local magistrate (district judge). There is a simple form you fill out, the magistrate has your suit served on the other owner and you may even be able to subpoena the officer to your civil hearing. I cannot see how this person would get off so easy by not coughing up who the driver was.
Finding a lawyer in this situation will be tough and they may ask for money up front b/c there is no injury and auto lawyers typically have a fee agreement that indicates they will take a percentage of money they got for you. A lawyer will not want to do this in your case b/c all of the money involved will go to your car repair. Depending on what state you are in, teh magistrate/small claims court may allow you to get attorneys fees.
In this type of case though, with a little research you will discover that the system is built to work for YOU. Make some calls to the judicial authority in your area and ask them to guide you through the process. Best of luck.
2007-03-01 08:31:26 · answer #2 · answered by Robert F 1 · 0⤊ 0⤋
get a lawyer
2007-03-01 08:16:31 · answer #3 · answered by ~beagleluvr~ 2 · 0⤊ 0⤋