Hit and run help
#1
Hit and run help
Hello all you armchair lawyers and unfortunate victims of horrible parkers. Yesterday my bumper was practically inverted from a soccer mom on a cell phone. As it turns out it was recorded on an ATM camera, i watched the tape, no license plate but the hit is recorded. Today i saw her park in the exact same place. My paint is all over her bumper, even some of the fiber glass is still on it.
I told the cops yesterday that i would get a license plate (which i now have) and they essentially told me that the damage (around 1000 dollars) was nothing to report and that if i wanted her insurance to pay for it, i would have to battle it out with them. At the very most they said they would give her a ticket.
My question is, is this, as it seems to me, total BS? the lady ruined my bumper, looked at the damage and walked away. Am i to understand that nothing is going to happen to her or me now that i have visible and tangible proof of her wrong doing?
Any advice/help anyone can provide would really be appreciated. I'm looking to take the high (legal) road on this one.
I told the cops yesterday that i would get a license plate (which i now have) and they essentially told me that the damage (around 1000 dollars) was nothing to report and that if i wanted her insurance to pay for it, i would have to battle it out with them. At the very most they said they would give her a ticket.
My question is, is this, as it seems to me, total BS? the lady ruined my bumper, looked at the damage and walked away. Am i to understand that nothing is going to happen to her or me now that i have visible and tangible proof of her wrong doing?
Any advice/help anyone can provide would really be appreciated. I'm looking to take the high (legal) road on this one.
#2
Did you talk to her? She probably didn't even realize she hit anything (seeing as how she was probably distracted with other things like talking on the cell)
Is a hit and run considered leaving the scene of an accident?
Is a hit and run considered leaving the scene of an accident?
Last edited by Rems31; 05-31-2007 at 04:28 PM.
#3
I don't know why it wouldn't, i talked to some desk clerk at the police station, i'm not taking what she said as final, but still, it's the first info i got from an official source.
The video shows her parallel park, nail my car (it literally moved backwards) she spends 7 more minutes talking on the phone. GETS OUT, LOOKS AT THE DAMAGE, gets back in her car and drives off.
The video shows her parallel park, nail my car (it literally moved backwards) she spends 7 more minutes talking on the phone. GETS OUT, LOOKS AT THE DAMAGE, gets back in her car and drives off.
#4
You have it on video. I'm pretty sure you can win if you decide to take legal action. The fact that she knew she caused damage and decide to just drive off will probably get you whatever you ask for to get your car repaired. (Sorry missed that part in your original post)
#5
If you report it to your insurance company along with the evidence they should go after her insurance company, and it shouldn't affect your premium since you weren't at fault. Obviously you're gonna have to talk to her and get her information which will be hard because you're gonna be tempted to drop kick her in the face.
#6
1ST.call the police and fill out a report of hit and run (no note,insurance info etc.)they are bounded by law to take the report because of the amount of damage.this information will help you if you need to go to court or your insurance co. needs to.the charges aare as follows.faulure to keep control of your vehicle ,leaving the sight of a accident there fault or not,failure to supply info from a accident and talking w/out looking(jk)try and get a lawyer to do the dirty work or let your insurance gat a copy of the hit and deal with her insurance co instead of yourself.they are in the know of what to do. good luck!
#9
If you called and spoke w/a police dispatcher when it happened, you prlly got one of the totally useless a-holes that seem to plague many police depts. (NOTE: this is not a "cops suck" post - just personal experience thru my job that has made me very unsupportive of some of the d8cks that work the phones at police stations)
You should always fill out an accident report! I would not even bother trying to talk to this bitch. Go to the police and explain what happened (again) and give them the plate info & video evidence (a copy of it, preferrably) and let them go arrest her. Hit & Run is illegal, and you've got video of her disgraceful actions.
If the police aren't glad to help your local po-pos SUCK! Consult a lawyer either way. Do NOT trust your insurance company to be "there for you." When it comes down to it, you should be able to sue her for attorney fees as well as damages to your car.
GL
You should always fill out an accident report! I would not even bother trying to talk to this bitch. Go to the police and explain what happened (again) and give them the plate info & video evidence (a copy of it, preferrably) and let them go arrest her. Hit & Run is illegal, and you've got video of her disgraceful actions.
If the police aren't glad to help your local po-pos SUCK! Consult a lawyer either way. Do NOT trust your insurance company to be "there for you." When it comes down to it, you should be able to sue her for attorney fees as well as damages to your car.
GL
#10
She should be in major trouble for leaving the scene. Did you talk to the police after you saw the video?
If she had identified herself, she might be eligible for a ticket for unsafe backing. Not enough to be worthwhile to the police. But if leaving the scene is a crime (not just a traffic infraction), that could up its value to an arresting officer.
Ken
If she had identified herself, she might be eligible for a ticket for unsafe backing. Not enough to be worthwhile to the police. But if leaving the scene is a crime (not just a traffic infraction), that could up its value to an arresting officer.
Ken
#12
Call the cops and report it as a hit and run (if you havne't already, hard to tell by the way the post is written). A similar thing happened to me years ago. Car was hit, car left. But a witness got a plate. Called and reported it as a hit and run, they found the car, and gave the person a ticket and accident report.
My next step would to be confront the guilty soccer mom with all your evidence, and I'd like to think she'd feel threatened enough not to contest the fact that she owes you money.
good luck.
My next step would to be confront the guilty soccer mom with all your evidence, and I'd like to think she'd feel threatened enough not to contest the fact that she owes you money.
good luck.
#14
My uncle who is a lawyer for Aetna in Connecticut told me that a legit video overrides the need for a police report.
It's common sense.
Which is what most lawyers thrive on.
Think about it, why would you need a step by step police report which can sometimes be inaccurate when you have a video to show everything in about 15 seconds?
Call your insurance company, tell them you have evidence.
Don't confront the woman on your own, she can try to get you back for harassment or something.
Let your insurance company be the messenger.
It's common sense.
Which is what most lawyers thrive on.
Think about it, why would you need a step by step police report which can sometimes be inaccurate when you have a video to show everything in about 15 seconds?
Call your insurance company, tell them you have evidence.
Don't confront the woman on your own, she can try to get you back for harassment or something.
Let your insurance company be the messenger.
#15
#16
haha from experience, she woulda been taken to jail in florida. i dun see why she wouldnt in any other state. fyi i hit and run and damn mailbox and i got fuked...lmao. learned my lesson though, even though the freakin mailbox was still upright when i went back... thank god it was w/ my last car, i would shot myself if i did somethin dumb like that w/ my 8
#19
Did you get a quote to repair the bumper? It might be easier to simply get the van owner to pay for the repairs. Once they know they are on tape, you should be able to get you car repaired. Did you get a copy of the video?
I hope it works out for you.
I hope it works out for you.
#20
That Police Officer should be smacked. I went to the police dept for someone keying my car and they sent a cruiser over within 10min's to take a report of it. A accident/crime is a accident/crime. Its like saying being pickpocketed and only have $100 in your wallet isnt worth reporting or if someone broke in but you chased them out doesnt warrent the person being arrested.
Go to any police dept snag a accident report form and then drop it off at that local police dept. From there ask for a copy of the video tape which may get tricky if the brank branch is all "We need to be court ordered" and ****. If that happens if you have a lawyer friend then your in luck if not go to your insurance agent and explain to them what happened and from there they should take over. Since its not your fault and you tell them you have proof of the person doing it they'll enjoy I'm sure going after her. I say this because I witnessed a parkinglot accident once and left a note for the owner saying I seen it and here is a partial licence plate number. Less than a week later I had a insurance agent calling me up somewhat giddy asking what color the car was, what type and was the partial lisence plate number the begining or end of it. Also I hope you took tons of photo's or atleast some right after you spotted the damage, if your insurance agent takes her to court they'll eat that stuff up like no ones business. I dunno I'm rambling now haha.. but yeah cover all your bases and ignore that officer she didnt know what she's talking about and most likely is jaded with their job already.
Go to any police dept snag a accident report form and then drop it off at that local police dept. From there ask for a copy of the video tape which may get tricky if the brank branch is all "We need to be court ordered" and ****. If that happens if you have a lawyer friend then your in luck if not go to your insurance agent and explain to them what happened and from there they should take over. Since its not your fault and you tell them you have proof of the person doing it they'll enjoy I'm sure going after her. I say this because I witnessed a parkinglot accident once and left a note for the owner saying I seen it and here is a partial licence plate number. Less than a week later I had a insurance agent calling me up somewhat giddy asking what color the car was, what type and was the partial lisence plate number the begining or end of it. Also I hope you took tons of photo's or atleast some right after you spotted the damage, if your insurance agent takes her to court they'll eat that stuff up like no ones business. I dunno I'm rambling now haha.. but yeah cover all your bases and ignore that officer she didnt know what she's talking about and most likely is jaded with their job already.
#22
yes. Hit & Run is a criminal offense and, like someone else already mentioned, the police can prlly find a few other things to add to it if they're feeling randy.
Hit & run kinda implies "leaving the scene of an accident", I don't think they are separate charges. Perhaps a few of our resident po-pos will be by to clear it up some. I'm sure the laws vary by state/city/town. But what she did is def. a crime, and video of her looking at it and still leaving makes it one that any good cop should be more than happy to help with.
Hit & run kinda implies "leaving the scene of an accident", I don't think they are separate charges. Perhaps a few of our resident po-pos will be by to clear it up some. I'm sure the laws vary by state/city/town. But what she did is def. a crime, and video of her looking at it and still leaving makes it one that any good cop should be more than happy to help with.
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