In need of some advice from any LAW person...

[huskernation20]

Last Friday I was involved in a hit and run accident in which a coward rear ended me and fled the scene. I was on my way to work and had to take the day off because of it. Now generally I know and realize I would be screwed in this situation, BUT coincidently his front bumper fell off of his vehicle and attached to it was his license plate. I have taken all of the proper steps on my end by obtaining a police report, notifying my insurance company, and getting my truck to the repair shop. I have never been in an accident before. My question is; if my insurance company reports back to me saying that he doesn't have insurance, is there anything I can do legally to get the money I am spending on repairs, overtime lost at work, and back pay from my doctor visits?

 

P.S.

This happened in Houston, TX.

I also have obtained this coward's address through a good friend of mine.

 

Any help I can get is MUCH appreciated...

[strigori]

I had a very similar thing happen to me last year actually. With the plate, the police should be paying him a visit to be honest, leaving the scene is a crime, and if there were any sort of injury, in most states that's now a felony. It may depend on the courts if he gets arrested like he should. When I had it happen I got the plates, and when it eventually made it to court, I got my deductible back as a terms of her probation being cleared. If you don't end up with that, you next option is a civil suit, either with a lawyer if the damages were high enough, or small claims.

[huskerscott]

I had a similar thing happen to me about 5 or 6 years ago. It was after the snow storm a guy rear ended me while I stopped for a car that was turning into a drive way in front of me. We both didnt make a big deal about it, exchanged info and away we went. Turned it into the insurance company because the body shop said the frame was bent on my Jeep and was gonna cost more than the deductible. So a couple days later the insurance company called and said the insurance company had cancelled the other dudes insurance because of non payment. Nice. So I called the jerk and told him he had 30 days to pay me for the cost of repairs or I was taking him to court. He said no problem

 

32 days later I filed a small claims suit against him for the cost of repairs that already had been done, not counting all that other stuff like missing 3 days work dealing with this and distress. Eventuallly we went to a mediator and settle for roughly the same amount. It still took him alittle over 2 months(we agreed on 45 days to make payment) after to pay me in full, but he got it done.

[HuskerfaninOkieland]

I just had a guy rear end me yesterday. I was stopped on an on ramp waiting for traffic exiting the freeway to clear out (we have weird roads in Oklahoma). He didn't hit me hard but it put a hole in my bumper. He called his insurance (USAA) and they informed him his policy was cancelled two days prior. Seems him and his buddy started up a "hotshot" business and obtained a $1M dollar policy for two of their other trucks but this particular (he was driving a 2007 F350 King Ranch) somehow was left off. He said to find out what the repairs were going to cost and let him know (I have his name and number). I'm hoping like hell, he's not going to flake out on me otherwise I'm going to have to call a buddy and ask a favor.

 

Huskernation20,

 

If I understand your situation correctly, if your insurance company reports back to you and says the other guy does not have insurance, sometimes your insurance company will/can pay for the repairs under the "Uninsured" policy. My son had someone back into him and run off and our ins company is using this method. It does not go against his driving record and will not affect his premium. I also think (and I'm not certain) but I think if your insurance company pays for the repairs, they can in turn go after this other guy for reimbursement which means you wouldn't have to deal with the headache of filing suit, going to court, etc. It would be up to your insurance company. But I could be wrong. AR Husker may be able to shed some more light.

[AR Husker Fan]

Yes, virtually all insurance plans have a subrogation clause, whereby your company will pay for the repairs, then seek reimbursement from the other party. If you file a civil action and collect, and your insurance company has already paid you, then you'll have to repay your award to them up to the amounts that they paid you.

 

Personally, I think your best bet is to file in small claims court (assuming the amount of the repair and other costs fall under the ceiling). The reason I say this is because it's the best bet to get the damages paid for by someone else - and the quickest, most likely unless your insurance company ponies up quickly. Additionally, you can ding the guy for other costs than just repairs - rental car, cabs, whatever you have to do for transportation, for example. Think carefully, and I'll bet you can figure out some costs that aren't repair related, but still are the direct result of the accident. So, even if your insurance company pays, you may still be able to collect some coin for things your insurance company won't pay.

 

And that, folks, is how to "think like a lawyer". Please remit your addresses to me so that I can submit my consultation bills.

 

No, no, no - no need to thank me. Paying your bill will do.

[HUSKER 37]

Strange coincidence...

 

Just yesterday, I was trying to come down from an Adrenaline High from swapping paint on the freeway at 80MPH.

I now have this strange urge to try INDY car racing.

 

.I wonder if there's an age limit..Boreing to watch on TV..But I love this buzz.

 

There was a tanker truck ~10' in front of me, a suburban 8' behind me, 8 cars in the carpool lane to my left, another tanker to my right (6' ahead) and somehow an Isuzu pickup came up on my right and switched positions with me after scraping my front bumper..The cars in the carpool lane didn't let him squeze in, and the traffic behind me was too close to allow me to use my brakes, so we ended up sharing a lane with him now on my left...What surprised me was how much fun it seemed and how calm and serene everything seemed (in slow motion from the adrenaline).

 

Good luck getting any compensation..My brother was hit on his motorcycly while waiting for the light to change..Broke his leg and had to pay the bill himself/insurance because the guy that ran into him was an illegal alien.

[Excel]

I just had a guy rear end me yesterday. I was stopped on an on ramp waiting for traffic exiting the freeway to clear out (we have weird roads in Oklahoma). He didn't hit me hard but it put a hole in my bumper. He called his insurance (USAA) and they informed him his policy was cancelled two days prior. Seems him and his buddy started up a "hotshot" business and obtained a $1M dollar policy for two of their other trucks but this particular (he was driving a 2007 F350 King Ranch) somehow was left off. He said to find out what the repairs were going to cost and let him know (I have his name and number). I'm hoping like hell, he's not going to flake out on me otherwise I'm going to have to call a buddy and ask a favor.

 

Huskernation20,

 

If I understand your situation correctly, if your insurance company reports back to you and says the other guy does not have insurance, sometimes your insurance company will/can pay for the repairs under the "Uninsured" policy. My son had someone back into him and run off and our ins company is using this method. It does not go against his driving record and will not affect his premium. I also think (and I'm not certain) but I think if your insurance company pays for the repairs, they can in turn go after this other guy for reimbursement which means you wouldn't have to deal with the headache of filing suit, going to court, etc. It would be up to your insurance company. But I could be wrong. AR Husker may be able to shed some more light.

 

Why someone who has access to USAA insurance and doesn't insure all their vehicles is beyond me. It's ridiculously cheap. Before I switched policies to them I had Metlife and payed two to three times as much for the exact same policy. Sounds like that guys full of shiiii

[HuskerfaninOkieland]

I just had a guy rear end me yesterday. I was stopped on an on ramp waiting for traffic exiting the freeway to clear out (we have weird roads in Oklahoma). He didn't hit me hard but it put a hole in my bumper. He called his insurance (USAA) and they informed him his policy was cancelled two days prior. Seems him and his buddy started up a "hotshot" business and obtained a $1M dollar policy for two of their other trucks but this particular (he was driving a 2007 F350 King Ranch) somehow was left off. He said to find out what the repairs were going to cost and let him know (I have his name and number). I'm hoping like hell, he's not going to flake out on me otherwise I'm going to have to call a buddy and ask a favor.

 

Huskernation20,

 

If I understand your situation correctly, if your insurance company reports back to you and says the other guy does not have insurance, sometimes your insurance company will/can pay for the repairs under the "Uninsured" policy. My son had someone back into him and run off and our ins company is using this method. It does not go against his driving record and will not affect his premium. I also think (and I'm not certain) but I think if your insurance company pays for the repairs, they can in turn go after this other guy for reimbursement which means you wouldn't have to deal with the headache of filing suit, going to court, etc. It would be up to your insurance company. But I could be wrong. AR Husker may be able to shed some more light.

 

Why someone who has access to USAA insurance and doesn't insure all their vehicles is beyond me. It's ridiculously cheap. Before I switched policies to them I had Metlife and payed two to three times as much for the exact same policy. Sounds like that guys full of shiiii

That's what I'm afraid of. But...when he called I noticed his phone contact said "USAA" soooo....Then again, it could have been the local strip club called "USAA"

[TXHSKR]

Yes, virtually all insurance plans have a subrogation clause, whereby your company will pay for the repairs, then seek reimbursement from the other party. If you file a civil action and collect, and your insurance company has already paid you, then you'll have to repay your award to them up to the amounts that they paid you.

 

Personally, I think your best bet is to file in small claims court (assuming the amount of the repair and other costs fall under the ceiling). The reason I say this is because it's the best bet to get the damages paid for by someone else - and the quickest, most likely unless your insurance company ponies up quickly. Additionally, you can ding the guy for other costs than just repairs - rental car, cabs, whatever you have to do for transportation, for example. Think carefully, and I'll bet you can figure out some costs that aren't repair related, but still are the direct result of the accident. So, even if your insurance company pays, you may still be able to collect some coin for things your insurance company won't pay.

 

And that, folks, is how to "think like a lawyer". Please remit your addresses to me so that I can submit my consultation bills.

 

No, no, no - no need to thank me. Paying your bill will do.

 

 

Make your insurance company jump on this. Finally they have to earn your money, provided you are not dealing with a little gecko. They can deal with some of the hassle.