QUESTION
Can I pursue a case after the driver was arrested because of hit and run and other charges?
Asked on Aug 20th, 2012 on Personal Injury - New Jersey
More details to this question:
I was a hit and run. Driver was arrested and charged. Charges were hit & run, driving on expired tag, driving on a suspended license; careless driving resulted in minor bodily injury, and extensive vehicle damage.
20 ANSWERS
4 Awards
Absolutely. I handle both criminal defense and personal injury so am well-suited to advise you with regard to both cases.
Answered on Jun 28th, 2013 at 8:00 PM
Litigation Attorney serving Olean, NY
at
Black, Lyle & Habberfield, LLP
Update Your Profile
Yes.
Answered on May 28th, 2013 at 10:09 PM
Child Custody Attorney serving Malvern, AR
at
Law Office of Gregory Crain
Update Your Profile
Yes.
Answered on May 24th, 2013 at 2:23 AM
Personal Injury Law Attorney serving Edwardsville, IL
at
Wendler Law, P.C.
Update Your Profile
Yes, you can. His guilty plea to the criminal charges makes your case easier.
Answered on Aug 22nd, 2012 at 4:20 PM
1 Award
Yes, but you have one year from the date of the accident to file suit.
Answered on Aug 22nd, 2012 at 4:20 PM
Ronald A. Steinberg
Sure. Were you hurt?
Answered on Aug 22nd, 2012 at 4:20 PM
If the other driver is convicted, it will help your case. That said, if the other driver does not have any insurance you might not be able to get any money out of them. It is hard to force them to pay for repairs to your car if they have no money.
Answered on Aug 22nd, 2012 at 4:19 PM
Litigation Attorney serving San Antonio, TX
at
Graves Law Firm
Update Your Profile
Of course you can pursue a case if you were injured or your property was damaged. It's encouraging to see "no liability insurance" isn't on your list of things the hit-and-run driver was charged with.
Answered on Aug 22nd, 2012 at 4:19 PM
Dennis P. Mikko
Since Michigan is a no-fault state, your vehicle damages will be paid by your insurance company. As for an injury claim, you could sue if you suffered a serious impairment of a bodily function, serious permanent disfigurement or death. An attorney could help you with this.
Answered on Aug 22nd, 2012 at 4:19 PM
Personal Injury (Plaintiff) Law Attorney serving Wheaton, MD
at
The Law Offices of Paul A. Samakow, P.C.
Update Your Profile
Yes, you can pursue a claim. Why do you think you cannot? If the other driver who ran has no insurance, make an "Uninsured Motorist" claim against your auto insurance carrier.
Answered on Aug 22nd, 2012 at 4:17 PM
I would think you can pursue the claim.
Answered on Aug 22nd, 2012 at 4:16 PM
Car Accidents Attorney serving Kissimmee, FL
at
The Lawrence Law Firm
Update Your Profile
In all likelihood, you do have a claim. You can make a claim against his insurance carrier for bodily injury damages for your injuries if you sustain a permanent injury. Otherwise, your medical expenses will be paid by your PIP insurance carrier if you have car insurance. The property damage will be paid by his insurance company since he was at fault.
Answered on Aug 22nd, 2012 at 4:11 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You certainly have some causes of action against the hit and run driver.
Answered on Aug 22nd, 2012 at 4:10 PM
Motor Vehicle Accidents Attorney serving Lincoln, NE
at
Lapin Law Offices
Update Your Profile
Yes you can pursue a case against a driver that caused the accident. Whether he or she was arrested and charged really does not matter as those are criminal and/or traffic matters. Your case against the driver is a "civil" case. All that really matters is that the other driver was at fault for the accident. As long as he or she was, you can pursue your case and collect money for the damage to you vehicle, your injuries and other damages.
Answered on Aug 22nd, 2012 at 4:10 PM
Thomas Edward Gates
Yes, your civil case is separate from the criminal case.
Answered on Aug 22nd, 2012 at 4:09 PM
Personal Injury Law Attorney serving Davie, FL
at
Douglas Johnson & Associates, P.A.
Update Your Profile
Yes, you can pursue a claim. But, do you have compensable injuries? Ultimately in order to receive money you will need to seek medical treatment. I am intentionally excluding property damage.
Answered on Aug 22nd, 2012 at 4:09 PM
Criminal Defense Attorney serving Montrose, NY
at
Law Office of Jared Altman
Update Your Profile
Of course you can sue.
Answered on Aug 22nd, 2012 at 4:08 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You did not say you were injured or damaged. I assume you were. Problem is that this dude may not have insurance coverage and a judgment against him may be worthless. First of all, determine if there is coverage (check DMV in Raleigh). If injured, make sure you have good medical care. then get you a good lawyer. if there is coverage no insurance company will let the case go to trial. They will settle with you to avoid trial.
Answered on Aug 22nd, 2012 at 4:06 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
at
Downriver Injury & Auto Law
Update Your Profile
Yes, you can sue the driver, but if you have uninsured coverage on your own auto policy, you can file a claim on your own auto insurance.
Answered on Aug 22nd, 2012 at 4:05 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
Yes, it is possible to sue, but you MAY be better off going through your UMUIM policy of insurance. Please speak with your counsel.
Answered on Aug 21st, 2012 at 11:23 AM