Who is responsible in a hit and run accident?

Question

A vehicle lost control and went into our drive way and smashed up my wife's new car and also my car. They were gone by the time we got outside and we called the police. The officer and myself noticed a Hydraulic fluid trail and we followed it to a truck about 4 blocks away. It had front end damage and Paint from both our cars on its front bumper and grill, a puddle of hydraulic fluid under it too. Before I left the house I had swept up all the broken pieces from the driveway and started piecing them together. I pieced a headlight lens together and took it to the vehicle the officer placed the lens where it went. Also the truck is White and their was also White paint transfer on our vehicles.  I took lots of pic of fluid trails, skid marks and vehicle damage (all)  the truck looked like abandoned . A neighbor where it was at has a security camera and I'll be getting a CD copy of it. He said the truck was pushed there from the main road. I'm pretty sure the driver was drunk, but all I have is my physical evidence linking the truck to the accident and their vehicle's license #. Is the trucks owner or registered owner responsible since no one was in the vehicle when I got to it? Its headlights were on and blinking and probably from the front impact and and the battery slamming around inside.

Melvin Franke · Answer

Yes, you have a lawsuit.  The problem is figuring out how to sue.

Kenneth Wincorn · Answer

If the owner was driving or allowed an intoxicated person to drive it he will be responsible. Let you insurance company figure it out.

Stephen Lombardi · Answer

This is circumstantial evidence that links the trucks and the crash. Now the driver is another story, but you can get the link you need through interviews. The owner is responsible but only if he gave permission for someone to drive his truck. The driver is responsible for negligence. Now proving who was the driver and if permission was granted is where lawyers make  their reputations.

Eric Haag · Answer

The prudent thing to do is to make a claim against the owner of the truck and his/her insurance company.  If the truck and/or driver is uninsured, then you may have coverage pursuant to uninsured motorist coverage, if you purchased that coverage.

Jeffrey Lapin · Answer

As to your question I can answer it from the civil portion of the accident. As to any possible criminal actions, that should be posted in the Criminal Law Law Area.  The driver and/or owner of the vehicle that struck your vehicles is responsible. If the vehicle was insured, the vehicle's insurance company is primary and should compensate you for the damages to your vehicles. If that vehicle was not insured, then the driver's insurance company would be secondary assuming you learn who the driver was.  You would need to prove that the vehicle you found was the one that struck your vehicles. It sounds as if you have started gathering that evidence.  You should contact your car insurance company, especially if you have Collision coverage. Your insurance company could pay for the repairs less your deductible. They also could investigate the incident as well. If they collect money, you would be reimbursed your deductible.

Bruce Elliott Goodman · Answer

Since you only have property damage, if you have collision coverage on your vehicles, you should let your insurance company take care of the damage. If the truck in question has insurance, your carrier will subrogate with the insurer for the truck and you will get your deductible back when they are successful in subrogation. Or, if it turns out the truck is uninsured, the claim can be paid under your uninsured coverage.

Michael Sgarlat · Answer

The owner should have immediately been investigated for Hit and Run by the police officer.

Gregory Crain · Answer

Only if the truck wasn't stolen.

Brian Bourke · Answer

You should report the claim and go through your own insurance to cover your property damage.  Your insurance carrier will investigate to determine if the other car has liability insurance.  If so, they may pay for your damages or your insurance company will recover the money they pay plus your deductible from that insurance company.  If it turns out that car has no insurance, most insurance policies have a waiver of your deductible in UM cases and your insurance will pay your deductible as well.

davida francis · Answer

The driver and/or owner of the vehicle that hit yours is certainly responsible for the damages. Have you called your insurance company? It's more than likely that the person who hit your wife's car does not have insurance. Your insurance should cover the cost of repairs.  Most personal injury attorneys focus only on clients who have been injured as the result of someone else's negligence or wrongdoing. It doesn't sound like anybody was injured, so this is most likely a matter for your insurance company. One word of caution, however, talk to your agent and make sure he/she knows that this wasn't your fault. Paying a claim out under "collision" can ding you in years to come.

Steven D. Dunnings · Answer

If all you are looking for is recovery for damages to your vehicles, you can only look to your insurance company. The owner of the truck could be responsible for your deductible, if any, up to $500.

Steven A. Schwartz · Answer

What would typically happen in this situation is the insurance company will contact the owner of the defendant vehicle.  That person's insurance policy will be responsible for all damages in this matter (property and physical) unless the vehicle was stolen or the driver did not have permission from the owner to drive.  In those instances, the coverage would be "voided."  If that is the case, you could then go to your own insurance policy to make an uninsured claim.

Michael Dungan · Answer

Who is responsible for what?  Being at fault does not necessarily determine who pays for damages.  If you are referring to the property damage to you and your wife's car, Michigan is a no fault state, you choose what type and how much coverage to place on your vehicle, if you have collision coverage, make a claim with your insurance company.  Since the other driver is at fault, you can make a claim for mini-tort, but that is limited to $500.00 or $600.00 only.  However, if the other driver is uninsured, you can sue him for the full amount of damage to both vehicles, but the problem would likely be collecting any money from the guy.  If the guy is charged criminally, you may be able to get the judge in the criminal case to order him to pay you restitution, but again that remedy is only as good as the guy's ability to pay.

Sam Louis Levine · Answer

That is awful what happened to you.  You do have assorted claims & you need to speak to an attorney by phone and/or in person to further discuss them.

Andrew Velonis · Answer

The owner of the truck is liable unless he can prove that it was stolen.  If you have insurance for the damage to your vehicles, might as well make a claim with your own insurance company and let them deal with it.  Good investigative work, though.

James Kelaher · Answer

If you request, in writing by certified mail, that the owner provide you with information about his insurance, he is required by Section 627.4137, Florida Statutes, to give you that information. With the evidence you have, it seems that you could prove that vehicle caused the accident. In Florida, the owner of a vehicle is responsible for any damage that vehicle causes, whether they are behind the wheel or not. The owner's insurance company may try to avoid having to pay by claiming they were prejudiced by the owner's failure to report it to that insurance company (if they didn't report it) and if that's the case, then you should get a lawyer involved in it. I am a bit surprised the police didn't look further into it. If the owner refuses to give you the insurance information, you can go to the DMV and find out whether there is a lien on the truck (whether it's financed) and the DMV should give you the name of the lienholder (bank or financing company).  The bank should give you the name of the insurance company as financing companies and banks require financed vehicles be insured.

Paul Samakow · Answer

You can make a claim against the owner of the truck.  In the event   that the owner filed a stolen vehicle report prior to your incident,   the owner's insurance may deny the claim.  If no such stolen vehicle   report was filed, they will probably pay.  If they don't honor the   claim, you can make an "uninsured motorist" claim against your own   automobile insurance company.  Making this type of claim CANNOT result   in an increase  in your premiums or a cancellation of your policy.    Your carrier will pay this claim  just like any other claim once they   are satisfied the truck's owner did not have insurance.  Best to you.

John Brennan · Answer

Among the players will be yours and the truck owner/theirs insurance company. Call your insurance company.

Ronald Lowry · Answer

The drive of the truck is responsible. The police should be able to learn who the driver was by investigation since they have the truck. The driver, even if he/she is not the owner, is insured by the auto liability policy insuring the truck. That insurer is responsible to pay for for the damage. The identity of the insurer is on the GA DMV system and the police should be able to tell you that. Call that insurance company and make a claim.

Dean Esposito · Answer

The insurance company that insures the vehicle is liable so file your claim with them. If the owner claims someone else drove his vehicle without authority, the insurance company may deny the claim. You will then find out who was driving the truck.

David Stoddard · Answer

The police will likely do further investigation. They may establish who was driving. The owner would be liable only of the owner was driving. Your evidence, standing alone is certainly enough to establish the identity of the vehicle that caused the damage.  I do not believe it is enough to hold the owner liable. If the owner loaned the vehicle to someone, that person would be liable, but the owner's liability insurance would cover any damages the person caused (within the policy limits). If the vehicle were stolen, the thief would be responsible, and the owner's liability insurance would not cover it. If the owner's insurance company denies liability, (which the likely will, unless the police determine that the owner, or someone the owner's permission was driving), you should turn this in on your insurance. Otherwise,  be prepared for a long drawn out ordeal in recovering your loss. Your insurance company will then file its own suit against the owner, if this is indicated from their investigation (and the helpful evidence you gathered), or it will sue the thief if one can be found.

Michael Heilmann · Answer

You should get the police involved. You can file a claim against your own insurance company for the damage to the cars.

Linda Chalat · Answer

The owner of the truck may have liability, but unless you file a lawsuit you may never know what is the background story.  Your car insurance company should offer some help - talk to your agent.  If property damage is not covered in your policy, then you may wish to hire an attorney file a lawsuit.

Irving Blank · Answer

Assuming you had insurance, you can sue John Doe and your company will defend case and pay the damages that you can prove.

Timothy Klisz · Answer

The driver and owner is responsible. As soon as they find them, they will be arrested and you can get criminal restitution or civil damages against them or their insurer.

F. Andersen · Answer

The easiest route to pursue would be to file a claim against you own uninsured motorist coverage.   Hit and runs are covered in Washington State under uninsured motorist coverage.

David Hibbert · Answer

This "hit and run" should be reported to your own insurance company for treatment under your UM coverage. The truck owner may have been operating the vehicle, but I would not be surprised to find that it had been reported stolen before this incident. On the other hand the police should be able to locate the owner and the investigation should turn up whomever was driving the vehicle if it was an authorized driver. A claim should be made against the owner and the owner's insurance company will be involved.

Bruce Arthur Plesser · Answer

I'd go after the owner of the truck.

Thomas Bulman · Answer

The driver of the hit and run is responsible.  I assume you had full coverage on the new car so just let your insurance pay the damage.  If the drunk has insurance, it should cover both of your vehicles.

William M. Quitmeier · Answer

If you have full auto insurance make a claim with your uninsured motorist coverage, mandatory in Missouri. You might also have under-insured coverage.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Who is responsible in a hit and run accident?

30 ANSWERS

Find Local Personal Injury Lawyers

Helpful Resources

Ask a Lawyer