QUESTION
What can I do if I am the victim of a hit and run with property damage and injuries?
Asked on Apr 10th, 2014 on Personal Injury - North Carolina
More details to this question:
I was unfortunately involved in a hit and run accident where the operator fled on foot, so here I am. Detectives are investigating. Vehicle was not reported stolen until late evening. The accident occurred at 2 PM. Keys to the vehicle were in the ignition along with operator's pocket book. Detectives are skeptical on the owner's story and pulling phones and such. My truck is a total loss and left with busing to work. Now Allstate, which is the owner's insurance is fully aware that the keys were in the ignition but at this point has refused liability until the criminal report of the accident is out as well as my insurance stating they are also waiting for the criminal report. I have Gieco but only liability coverage which is the state minimum. Uninsured / under-insured motorist claim HAS been put in with my own insurance. So I'm kind of stuck in the middle here with no vehicle, the victim of a crime and it is proving to be destroying everything around me now. My job, my rent. Can someone please tell me what steps I can take or any advice on what to do with the insurance part of this. Someone has to be liable for my vehicle. I NEED HELP.
6 ANSWERS
Ronald A. Steinberg
I will bet that the owner ran and then after talking to people reported the car stolen. Sue him!!! If you were smart and had uninsured motorist coverage, you make a claim against your own policy.
Answered on Apr 15th, 2014 at 9:27 PM
James Eugene Hasser
The car thief is liable if you can ever find him or her. I am not sure Allstate will cover your car since the car was stolen. For there to be coverage, the driver has to be driving with permission or the owner has to be negligent. I'm not sure leaving your keys in the car makes you negligent. Your UM should cover your injuries and your med pay coverage your medical payments up to the limits of coverage. That may be all you get out of it. Consider consulting an experienced injury lawyer.
Answered on Apr 15th, 2014 at 9:27 PM
Amusement Park Liability Attorney serving Richmond, KY
at
Morrin Law Office
Update Your Profile
Typically, the insurance follows the vehicle but most insurance policies only apply to those who use the vehicle with the owner's permission and theft would not be covered. In such a case you have acted correctly in putting in an uninsured insurance claim with your insurance carrier and they must respond within a reasonable time. If they deny it they must explain why. You should stay on the law enforcement agency that handled the wreck to produce the report. I suggest you sign nothing unless you have an attorney look at it first. It's often better to have an attorney communicate with the insurance companies on your behalf.
Answered on Apr 15th, 2014 at 9:27 PM
Thomas Edward Gates
You need to retain an attorney. Allstate has a rep about making it very difficult to collect for damages.
Answered on Apr 15th, 2014 at 9:27 PM
Auto Attorney serving Bloomfield Hills, MI
at
Gregory M. Janks, P.C.
Update Your Profile
In Michigan you are responsible to provide collision coverage on your own vehicle if you do not want to bear the loss. You are able to collect up to $1,000 in uninsured loss for collision damage from the at fault driver and/or their insurer under the mini-tort law. Perhaps there may be some type of claim against your insurance agent, although these are usually tough cases, if they failed to advise you that failure to carry collision coverage on your vehicle meant that you were personally bearing the risk of loss. In other words, this is a no fault state such that the fault of the other driver does not matter in regards to collision damage, medical expenses, wage loss and replacement services - all of which are covered by your own insurer.
Answered on Apr 15th, 2014 at 9:27 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You need to get past the overdramatizing. If the car is stolen there is no coverage. That is why you have uninsured coverage. Looks like you have a valid claim. Insurance companies are not impressed b y drama. Get you a good lawyer and press your proper claim.
Answered on Apr 14th, 2014 at 11:24 AM