QUESTION
What can I do if I’m a victim of a hit and run with a witness and offender has no damage on his van?
Asked on Oct 15th, 2012 on Personal Injury - California
More details to this question:
A cable technician came to my home, upon leaving my neighbor witnessed him hitting my car and then he left. Police filed report, Cable Company asked me to get two estimates and said they would pay for repairs now they are stating there is no corresponding damage with his van & said they won’t pay. Do I have options? What do I need to do?
7 ANSWERS
John J. Carney
Have him arrested for hit and run and let he police investigate the matter and the prosecutor will get him to pay restitution if they find him guilty.
Answered on Oct 18th, 2012 at 6:49 AM
Ronald A. Steinberg
Who cares about his van? If you got hit by a vehicle and got hurt, then it is the fault of the van driver. Hopefully the accident was reported to the police. Hopefully, someone got the license number of the van, and/or a good description of the driver. The company that hired the driver will be responsible for your injuries, but under Michigan law, the following applies: 1) Your own auto insurance will pay your medical bills, your lost wages, your household replacement services, your medical mileage, etc. 2) If you do not have auto insurance, or do not live with a family member who does, then you claim against the insurance of the van that hit you. 3) If the van does not have insurance, then you can apply to a State fund that will get your benefits spelled out in No.1 above. 4) If your injuries amount to a "serious impairment of body function, serious permanent disfigurement, or death, then you can collect from the van owner/driver insurance. If no insurance, then if you or a resident relative have "uninsured motorist coverage" on your auto insurance, then you claim against your own policy.
Answered on Oct 17th, 2012 at 2:55 PM
Thomas Edward Gates
You can take them to small claims.
Answered on Oct 17th, 2012 at 1:08 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sue the company in small claims (Judge Judy) court and take your witnesses with you, photos of the damage and even the repairman if he will go (or respond to subpoena).
Answered on Oct 17th, 2012 at 12:52 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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You need to sue and bring witness to court.
Answered on Oct 17th, 2012 at 12:50 PM
It sounds like you have come credible evidence of the hit and run. Perhaps the van's bumper hit your vehicle and there was only paint transfer which was buffed out, but that is mere speculation. Take them to small claims court with your witness and the police report.
Answered on Oct 16th, 2012 at 1:16 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Get an attorney. If the damage is below your Small Claims court $ amount, you can sue there. Otherwise, get someone to help you. Also, notify your insurance company as well.
Answered on Oct 16th, 2012 at 1:16 PM