hit and run! HELP! :(

[ZachS]

Please help me out here...

About a week ago my car was parked in our yard, and some lady backed her van into my Grand Prix. She drove off... but we had two witnesses.

We called the cops, they had the witnesses fill out some stuff that said they saw it happen and crap.

That was 3 days ago... and today I get this in the mail...



Now... if she didnt have insurance, I'm thinking she is still liable to pay for whatever it costs to fix my car. She took out the entire passenger side door including the mirror and glass window. It even bent some of the interior panels.

My question is this... should I take her to court? I really want to... because I want to get this car fixed. But I am thinking that I dont need a lawyer. I have the police report sitting right in front of me that says that it was a hit and run... and that she did do it... and that she doesnt have insurance, and that she has suspended licence plates.

HELP!

[LBomb]

Take her to court. What's yours is yours. Plain and simple. As for the lawyer, it can't hurt...although it'll cost ya. Good luck.

[SpecOpsWarrior]

This may sound cruel, but here goes anyway. First of all I would go out and get the two highest LEGITAMITE estimates I could find, and then sue her. Then I would be sure to appear at her trial or guilty plea and request the maximum sentence available.

I know that doesnt really sound like a very neighborly thing to do, but things like that just IRK the hell out of me, I'm sure she knew she wasnt supposed to be driving, she knew she didnt have insurance on her car, and to top it all off she left the scene of an accident.

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[email protected]

[ZachS]

spec...

I dont want to be neighborly. The lady that backed into my car was picking up her children. The lady across the street does Home Day-Care.

Do you think I need a lawyer? I've got the police report and **** that says she did it, and all the other stuff that she is getting busted for. I dont care if she spends time in jail... I just want the money to fix my darn car.

thanks,
Zach

[FLLawdog]

Without insurance, the only way you'll see money is to sue her. The fines she'll pay will only go to her charges, not to you. As much as I despise lawyers, at times they're a necessary evil.

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FLLawdog
"Never try to teach a pig to sing...it wastes your time and it annoys the pig."

[ZachS]

Originally posted by FLLawdog:
As much as I despise lawyers, at times they're a necessary evil.

I agree with you there... sometimes laywers are needed. But do you think I really should need one in this situation? I dont want 20k or any crap like that. Dont get me wrong... hehe... it WOULD be nice... but I just want my car fixed!

[me again]

Hi Zachs,

I'm sorry to hear what happened to you. My recommendation is for you to notify your insurance company. Depending on what type of insurance you have, you are either covered or not covered. If you're covered, then your insurance company will pay to fix your car and then they may (or may not) sue the defendant for the losses. In all likelyhood, I doubt the insurance company will sue the defendant because she is probably indigent (poor) with little or nothing to collect.

Sorry.

[This message has been edited by me again (edited 06-19-2001).]

[ZachS]

me again...


Thanks for the reply. I know I'm covered by my insurance, but I have a $500 deductable. I want to sue, beacuse I dont think that I should have to pay for some idiot that doesnt know how to look behind her. If I do it through insurance, I lose $500. I'm thinking that if I sue, I wont lose anything hopefully... or a very small amount :|

thanks again,
Zach

[FLLawdog]

No, but the lawyer can make sure you get what you're entitled to.

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FLLawdog
"Never try to teach a pig to sing...it wastes your time and it annoys the pig."

[me again]

It depends on how much the damages are. If the damages are $1500 or $2000, then you can file it with your insurance company and they'll pay for it (minus the $500 deductable). You would have to sue for the remaining $500 in small claims court and you do not need a lawyer for small claims court. You just tell the judge what happened and present the police report and the estimates and the bill-of-repair. Make sure you sue for court cost too, which is usually around $50 or $100. The next problem is collecting it. Your local sheriff's department can tell you how to do that in case she refuses to pay.

If your damages are only $700 or $800, then that's a tough call: Should you report it to your insurance company so they can pay you $200 or $300 (after your 500 deductable)? Will your insurance rates rise? An insurance company wouldn't do that to a victim, would they? wink wink

I'm afraid to say that no matter how you slice it, it's a hassle.

[RT]

You need to take her to court. I know in most states, Texas anyway, if you get a judgement against them, you can take that to the state. They will then suspend their license till payment is made.

[shooter1201]

Check with your insurance company and see if THEY will take her to court to recover THEIR loss.

[Don]

As has been posted, turn it over to your insurance. Then take her to small claims court for the deductible. You don't need an attorney for that, it will take up less of YOUR valuable time and you might even see some money back on it.

What happens between your insurance company and her is really of no concern to you. You just don