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Hit and Run

post #1 of 16
Thread Starter 
So my wife and her sister took my car last week to pick up my sister-in-law's husband from the airport.

On the way to the airport, At a stoplight.. some dude bumps into the passenger door on the driver side. I say "bump" because my wife was able to slam the horn, forcing the other driver to slam on brakes.

Turns out the guy slightly dented my door and scratched it up a little. But as my wife tells me, she pulled over at the Mcdonald's and in trying to get the other guy to pull over.. he decides to Floor it and run away.

So that's a hit and run. I'm happy everyone is ok and my car really isn't in bad shape. We DID get the license tag number. So we got the car and information. Unfortunately the next day we found out that their insurance wasn't valid.

So shit on me. I go this friday to the claim adjuster to see how much it will cost me to fix my car.. and from what I understand I'll have a $250 deductible.

Now, my question is this: I hafta pay $250 to get my car fixed. Will I get reimbursed by MY insurance? Cuz that jackass, didn't have insurance. Also will my insurance go UP because of a hit and run?

It wasn't even our fault. How does this crap work?
post #2 of 16
You won't get reimbursed, if you want to get your money back, you'll probably have to take the guy to small claims court. If it makes you feel any better, the guy might lose his license for pulling a hit and run AND being uninsured. The moron should have just stopped and kept things on the downlow with you to save himself what will be at the least a shit ton of fines. I could be wrong, if anyone has better news for Neaux, please chime in!
post #3 of 16
Unfortunately Neaux, I think that Chris' take is pretty much right. If the other driver is uninsured, I don't think that there's any way for you to get out of paying your deductible. Like Chris says, you can go to small claims court to get your money back. That can be a really time consuming process (my neighbor is in court now trying to get back rent out of someone, so I get lots of details)--even a judgement in your favor won't get you a check on the spot. On the other hand, if you have their contact information, maybe they'll be willing to settle out of court (I'd ask for cash).

There must be an epidemic of this in North Carolina. My wife just got rear ended in a parking lot in Durham--her car was parked in a department store lot and somebody trying to make a three-point turn in the middle of the traffic lane drove right into the back of our car. The driver was driving somebody else's car, and both the driver and the owner were uninsured.
post #4 of 16
I don't know much about the hit and run, but as someone who is currently experience the the horrors of small claims court (my girlfriend had to take her ex-husband to court because he defaulted on an old car loan, which was written in the divorce papers.. never mind... you get the point). I'm not sure about other state, but the amount of time and money it ahs taken us, to maybe get back $1,000 is so not worth it.
post #5 of 16
Thread Starter 
well thanks for the info. I hope this is the worst of my expenditures this Christmas.
post #6 of 16
What you can do varies from state to state. Michigan is a "No-Fault" state, which means it's in the hands of your own Insurance agency to collect. It also varies on the type of collision insurance you have. If you had what is known as "Broad" form collision, then you wouldn't be responsible for the deductible unless you were more than 50% at fault. If you don't have that, then you definitely have to pay the deductible.

And Brian is right about small claims. Winning the decision is easy. Collecting is the hard part. There is nothing the court will do without you paying some fees with regards to forcing the person to pay, and even then, your options are pretty limited. Wage garnishment is a possible option, but only if you know where the person works, and get their employer to co-operate, and file all of the correct paperwork, etc. It comes out to more than $250.00 worth of your time.
post #7 of 16
It's a pretty bum deal, that's for sure. My only advice for you is to find a random car in a parking lot and key the hell out of it. The best way to deal with your misery is to dish a bit out yourself to someone completely undeserving. Honest to God it makes you feel better.

Remember, I say pay it backward.
post #8 of 16
Quote:
Originally Posted by Death Surge
And Brian is right about small claims. Winning the decision is easy. Collecting is the hard part. There is nothing the court will do without you paying some fees with regards to forcing the person to pay, and even then, your options are pretty limited. Wage garnishment is a possible option, but only if you know where the person works, and get their employer to co-operate, and file all of the correct paperwork, etc. It comes out to more than $250.00 worth of your time.
In Pennsylvania, the Sheriff will execute on a judgment entered by a magisterial district justice (our version of small claims court) by seizing the defendant's stuff (like his automobile) and auctioning it off. Yes, it will cost you various fees, but those fees will be added onto the judgment. So, if the MDJ enters judgment in your favor for $250.00, you are also entitled to collect the costs of filing suit and the costs of having the sheriff execute on any judgment entered. It's really not a bad way to go, at least in Pennsylvania. Of course, any appeal is de novo, meaning that an appeal takes you back to the starting point. Then again, if the guy that hit you is that much of a deadbeat (which it sounds like), he's likely to just let judgment be entered against him and not appeal.
post #9 of 16
That would be nice if you could pull off what Mattioli is saying. THe hit and run guy should lose at least 250 worth of his personal possessions. Unfortunately like some other people have said, a lot of times there is too big a hassle involved which results in the bottome line of you and the hit and run guy coming out losers and the only winner is the insurance company. This phenomenon pisses me off and is why I insure as little as possible and is why insurance companies make a shitload of money.
post #10 of 16
Quote:
Originally Posted by Moltisanti

Remember, I say pay it backward.
Does that mean Helen Hunt gets stabbed in the gut and dies right out of the blue?
post #11 of 16
My wife was hit recently in Cary (at Crossroads; I hate that place). Her car was totaled, but the other driver was insured. So, she's getting a new car for Christmas. I just hope they come through with a massive settlement quickly. We're down to one car until then, and it sucks.
post #12 of 16
Tell your wife to fake an injury, report the accident to the cops and sue the bastard! Take him for everything he has! Completely destroy his life and when he is out on the streets drunk, walk up to him, ram your fist into his chest, tear out his soul and eat it in front of him. Then... you will have p3wned him.

But seriously goto the cops and see what they say. They might taser you first but stick with it. Or goto a lawyer and see what your options are. Sucks that he doesn't have insurance and can't be charged with anything.
post #13 of 16
Quote:
Originally Posted by neaux
Also will my insurance go UP because of a hit and run?
Quite a few things factor into this, and they change depending on the state you live in and the Ins company you have. Just call your agent.
post #14 of 16
From what my insurance company has told me it is always good to file a police report at the time of the accident, even in the case of a hit and run. If you submit that to your insurance company your rates should not go up and you may be in the clear as far as deductibles. Your post wasn’t clear if your girlfriend had filed one or not.

Good luck.
post #15 of 16
Thread Starter 
Yes she did file a police report. That's good to hear.
post #16 of 16
Quote:
Originally Posted by f86sabre
From what my insurance company has told me it is always good to file a police report at the time of the accident, even in the case of a hit and run. If you submit that to your insurance company your rates should not go up and you may be in the clear as far as deductibles. Your post wasn’t clear if your girlfriend had filed one or not.

Good luck.
Moreover, a police report acts to fix the facts (at least, the mechanics) of the accident, thus making it harder for one of the drivers to twist the facts to their advantage at some later date. This is important in the event that the accident makes litigation necessary.
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