picking up my child at school an some guy bumped into me trying to squeeze his big black truck into the line he bumped my vechile and then picked up his kid and left i tried to get ahold of him yelling and stuff but i just got his license plate number and car make an everything , i filed with the police , there is black marks that wont come off and some paint off. his insurance wotn take liabilty for it ,, he said they are saying they didnt do it , well my car is red and there is no paint on his vechile so they say he didnt do it, whatever i was in the car i was last in line an a white school bus in fornt of me so noone could see me in the back to have a witness but i jumped out of the vechile when i felt the bump ,,, so now what im lost !!!!! they need to pay for what they did its just not right to hit a car an leave !!! id go to jail for it y doesnt he..
2007-11-27 08:52:22 · 9 answers · asked by amanda h 1 in Business & Finance ➔ Insurance
You put the claim in on YOUR policy, or you sue him in small claims court.
2007-11-27 08:57:32 · answer #1 · answered by Anonymous 7 · 3⤊ 0⤋
Lets put the shoe on the other foot for a minute:
A driver calls your insurance company and claims you hit them in the pick up line at school and there is damage to their car. The insurance company takes a statement from them getting their side of the story.
You say you were never involved in anything and did not hit anyone. The insurance company gets a statement from you getting your side of the story.
Insurance company comes out and looks at your car. Their is no damage - no paint transfer. No evidence your car was ever involved in anything.
There is no witness.
The police report does not really say whose fault it is. Just that the other driver claimed her car was hit. There is a good chance that after the police saw no damage to your car, they did not even list you on the report.
In the end - all the insurance company has is your word and their word and nothing to brake the tie.
Why should your insurance company take the other person's word over you and pay for their car? Why is their word better then the word of the premium paying customer - you?
If all it took was someone just calling in and no other evidence to support - I could go the the mall parking lot - write down a tag number and year/make of any car in the parking lot and later that day file a report saying that person hit me - even though they did not and they were just a random car I picked out. The reason that scam would not work - is the police will talk to the other driver who will deny involvement, the other driver will have no damage and I have nothing to support my word over theirs. So the other car's insurance company would deny me.
Yes, you can sue him in small claims court. Be aware, that if you do- his insurance company will hire an attorney to defend him. They have to - it's in the policy.
And just because you sue - does not mean you will win. You still have to have more than your word. You still have to have evidence/proof. You say he did - he says he did not - why should a court believe you over him?
Sure you can contact an attorney but no attorney is going to take a pd only case. Their is no money in it for them and their fee will be 1/3 to 1/2 of any settlement or award.
You will have to file a claim with your insurance company under your collision coverage. They will pay for the damage over your deductible.
Or you get some rubbing compound and touch up paint and take the black marks off yourself and touch up paint. Or a local body shop will have a solvent that will take the black marks right off. They may be willing to buff it out for you for a nominal charge.
** not to be taken as legal advice **
2007-11-27 15:52:16 · answer #2 · answered by Boots 7 · 0⤊ 0⤋
First, find out how much it will take to repair it (it s probably not alot). Second, I would write the guy who hit you a letter and tell him what he did is not right and that you are going all the trouble to have the paint analyzed and match it to his car and then you are not only going to get him to pay for the damage and the test itself, but have him arrested for felony hit and run. Either that, or he can just write a check for the damage and go on with his life. My guess is he'll write the check.
If he ignores you, then you need an attorney (he'll be paying for that too) to order him to submit to your analysis.
EMSL Analytical, Inc. www.emsl.com
www.LATesting.com
2007-11-27 09:16:12 · answer #3 · answered by Dan 3 · 0⤊ 0⤋
G21 is physically powerful, you're at fault, yet your coverage corporation pays because of the fact as a result you have coverage. turn the invoice over on your coverage corporation and enable them to deal with it. Your question has 2 different extra intense complications in it in spite of the shown fact that. The regulation calls so which you will supply up and supply all your motor vehicle suggestion, motive force's license suggestion, call and handle and coverage suggestion to all different drivers in touch in an twist of fate. the actuality which you had to be bullied into giving it tells me which you needless to say do not comprehend your duty. every time your motor vehicle touches yet another motor vehicle you have a duty to supply up and replace this suggestion or you would be responsible of hit and run this is a criminal misdemeanor. Your fact which you will not pull over sooner or later if the twist of fate isn't your fault is a catastrophe waiting to take place as you will not basically be dealing with civil financial criminal duty yet additionally criminal criminal duty and if anybody is injured in such an twist of fate, no rely how moderate, you are able to desire to be charged with legal hit and run.
2016-12-10 07:13:06 · answer #4 · answered by tenuta 4 · 0⤊ 0⤋
No, it's not right for them to lie about it. Your only real recourse would be to sue him in small claims court, but you might or might not win since there are no witnesses and it's just your word against his. It stinks, but you are probably stuck for either doing the repairs yourself or paying to have them done.
2007-11-27 08:59:39 · answer #5 · answered by Judy 7 · 0⤊ 1⤋
Did you get a witness. Obviously, there were plenty of people there that may have witnessed this minor accident esp if you went yelling and running after him. That is your best chance at this point and if you cant do that well..... Welcome to the world and suck it up. Be thankful no one was injured.
2007-11-27 09:00:13 · answer #6 · answered by Charlotte 2 · 1⤊ 1⤋
call your insurance company, they will handle it... if it's just a black mark - you can take it off by using WD-40 it's a spray - it will NOT damage your paint!
depending how bad the mark is, you might have to put a little elbow power in to take it off, but it'll come off
2007-11-27 08:57:53 · answer #7 · answered by Pixel 5 · 0⤊ 1⤋
Ask the officer to charge him with hit and run! If he refuses then ask the DA to charge the officer next!
2007-11-27 09:06:53 · answer #8 · answered by Anonymous · 0⤊ 1⤋
claim under your insurance policy. your insurance company can try to get his insurance company to take on the liability. if they will, your company can subrogate to get paid back from them. if they dont, you can sue him and try to get paid for the claim
2007-11-27 11:24:55 · answer #9 · answered by Queen B 6 · 1⤊ 0⤋