Re: accident recourse

[Todd Young <tyoung@wamnet.com>]

Brett Dikeman wrote:

> -the officer wouldn't tell me if he was cited for a hit+run(but he
> mentioned the type of possible charge, not me.)  Is hit+run only applicable
> when someone is injured(hence the cute little "are you all right" question?

As far as I know, leaving the scene of an accident without giving the
otherdriver you name, etc., constitutes hit-&-run. But I could be wrong, what
I've run across is the phrase, "It's the reporting officer's call as to whether

the other party is cited for a violation." (That's the line I got when some old

bitch pulled out in front of me driving my dad's Regal while they were in
town, personally I believe she should have been cited for failure to yield.)

> -what recourse do I have for the damage to my car?  Albiet, it's minor, but
> the asshole took off and that pisses me off, like he didn't give a shit, so
> I want to nail him for it(and I don't exactly have the money right now to
> repaint/cover my bumper.)
>

Since you were in a private parking lot (I assume) and you were both backingout
at the same time, his insurance company might claim that you are both at
fault, BUT since technically he "hit-n-run" you, maybe you could get his
insurance to pay, or else sue him in civil court.

> -Do I _have_ to file an accident report?  The cop said to file it with the
> town and the RMV, but didn't say I _had_ to.  The moron who ran away
> certainly didn't fill one out...
>

Depends on your local laws, they vary from city to city, state to state.

> -Is leaving the scene of an accident an admission of guilt in the cause of
> the accident?  I know saying "I'm sorry" can be considered so...
>
> Any advice/help?  The officer said the insurance co can find out if he was
> cited or not, but I can't.  I _do_ have, from page 1 of the officer's
> report(page 2 is "top secret" I guess) the moron's name, address, age,
> license number, and insurance company.
>

This is where it helps to be on very good terms with your insurance agent,have
him make some calls and do some serious bitching. It can't hurt to
call his insurance company and bitch too. One piece of advice, if they ask
you to make a statement for the record, tell them a BIG DEFINITE NO.
Sorry for the caps, but they can really play with your statement to screw
you over, only make prepared statement with a lawyer present.

> Will my insurance co handle this?  The other big thing is that, having just
> recieved a VERY healthy discount(several hundred $) for 3 year's safe
> driving, I'd VERY much rather not loose it.  Could I loose it if I report
> it to the insurance co?  I can't remember if you loose your discount if
> you're not at fault.
>

Check with your agent, if it's going to screw up your rates, drop it as faras
the insurance company goes and go after him in civil court. If he doesn't
show for the court appearance, he loses by default. In some counties, if you
obtain a judgement for monies against someone, you can contact the local
sheriff and reposses something of value from that person to compensate you
for the judgement.


--
Todd Young              WAM!NET Inc.
tyoung@wamnet.com       6100 West 110th Street
612-886-5051            Bloomington, MN 55438-2664
800-585-1133 ext.5051   http://www.wamnet.com/