Help with a hit and run on private property?

[BluBrett]

Long story short, I was in my Acura Legend pulling out of a parking space that I backed into and a kid in a Honda Oddysey backed up into me when I was 1/3 the way out and took off. I got the idiot's license plate number and the police got his parents to contact me. The kid only hit my front bumper. The plastic around the screw under the hood is cracked, my bumper cover has 5 dents that the parents of the kid "can't see", and there are broken clips that hold the bumper cover on. I talked to his parents and they said their son said he was backing up and saw me in their mirror. He was supposedly honking at my already stopped car to make me get out of the way but he didn't stop. He "didn't think" he hit me.



***?



A) that makes no sense whatsoever and is obviously a lie. He didn't see me. I could only hear my honking. This is just such an obvious lie!!!



B) they said there is no damage on their Oddysey. They would know because the bumper was just replaced because their daughter backed into something! Hahahahaha!!! Their new, flexible bumper vs. My 15 year old, weathered, brittle, 223,000 mile bumper? Hmm, I wonder who would have more damage.



And C: I WAS ALREADY HALFWAY OUT OF MY PARKING SPACE YOU D-BAG!!! I HAD THE RIGHT OF WAY!!!!



I should be a lawyer. Lol. After all of these apparent lies, his parents still believe him.



So, what steps can i take next if they don't show up tomorrow?

 

[imported_advs1]

my first instinct would be to say a bat and some vibration absorbing gloves.



but seriously, if they already admitted he hit you, which it sounds they did. i would just contact my insurance company and let them handle it. did you get pics of the damage that day? did the police come? do you have uninsured motorist? last time that happened to me i just let the insurance company handle it all. i didnt pay a cent, not even deductible

 

[Dubbin1]

Small claims court.

 

[cptzippy]

my first instinct would be to say a bat and some vibration absorbing gloves.



but seriously, if they already admitted he hit you, which it sounds they did. i would just contact my insurance company and let them handle it. did you get pics of the damage that day? did the police come? do you have uninsured motorist? last time that happened to me i just let the insurance company handle it all. i didnt pay a cent, not even deductible

+1 on the insurance company. Let loose their lawyers on them. Hopefully the police filed a report and didn't just relay a message.

 

[David Fermani]

And C: I WAS ALREADY HALFWAY OUT OF MY PARKING SPACE YOU D-BAG!!! I HAD THE RIGHT OF WAY!!!!



So, what steps can i take next if they don't show up tomorrow?

When 2 people are pulling out of a parking spot NEITHER have the right of way and or control of the lane. From my experience, you go through your insurance company for coverage and the other goes through theirs. Just because he hit and ran doesn't prove he's wrong, just that he left the scene of an accident. You can try making a claim through the other person's insurance company, but even if he admits fault, you need to PROVE he was at fault. Good luck.

 

[WAS]

When 2 people are pulling out of a parking spot NEITHER have the right of way and or control of the lane. From my experience, you go through your insurance company for coverage and the other goes through theirs. Just because he hit and ran doesn't prove he's wrong, just that he left the scene of an accident. You can try making a claim through the other person's insurance company, but even if he admits fault, you need to PROVE he was at fault. Good luck.

Interesting. Up here, if you leave the scene of an accident, you automatically take responsibility for all damages.

 

[David Fermani]

Interesting. Up here, if you leave the scene of an accident, you automatically take responsibility for all damages.

Not here. You'll get charged with leaving the scene of an accident, but that has not bearing of liability.



What if you get rear ended by someone and you pull over to exchange info and the other party (the responsilbe one) starts getting abusive and you leave because you could be in harm? Does that automatically make you at fault?

 

[eyezack87]

Sister had this happen to her 6 months ago. Without video or proof that it was their fault, you cannot get them to pay up. Insurance companies can't do anything about it. They will rule it as 50/50 fault and make you pay for your own damage out of pocket

 

[WAS]

Not here. You'll get charged with leaving the scene of an accident, but that has not bearing of liability.



What if you get rear ended by someone and you pull over to exchange info and the other party (the responsilbe one) starts getting abusive and you leave because you could be in harm? Does that automatically make you at fault?

Yes, here also you get charged with leaving the scene of an accident, but you also take on full liability from an insurance standpoint.



For your particular scenario, no, you wouldn't get stuck with the liability, nor would you get charged for leaving the scene. It's the same like you won't get charged for trespassing on private property if you're running away from a bear that's chasing you (which can actually happen here where I live). I forget the technical legal term, but it's basically allowing a lesser crime to be committed to avoid "a greater injustice" from happening.

 

[AeroCleanse]

Contact your insurance company, start a claim and ask for their advice.

 

[WAS]

Contact your insurance company, start a claim and ask for their advice.

Why would you start a claim on yourself ? If he claims his damage on his collision coverage, his premiums go up because then he's no longer "claim free". Generally, the premium increases aren't worth the damages, hence how insurance companies get around paying out smaller claims.

 

[AeroCleanse]

Why would you start a claim on yourself ? If he claims his damage on his collision coverage, his premiums go up because then he's no longer "claim free". Generally, the premium increases aren't worth the damages, hence how insurance companies get around paying out smaller claims.

That's not what the OP said. They said a kid in a Honda Oddysey backed up into me.

 

[WAS]

That's not what the OP said. They said a kid in a Honda Oddysey backed up into me.

So why would the OP contact HIS own insurance company to start a claim and ask for advice ? Maybe I'm missing something here, but the OP needs to contact that Oddysey's insurance company and start a claim with THEM, yes ?

 

[AeroCleanse]

So why would the OP contact HIS own insurance company to start a claim and ask for advice ? Maybe I'm missing something here, but the OP needs to contact that Oddysey's insurance company and start a claim with THEM, yes ?

No, you contact your insurance company, then they contact the other persons insurance company.

 

[WAS]

No, you contact your insurance company, then they contact the other persons insurance company.

Ah, OK then, I guess it's done differently in the USA.

 

[David Fermani]

Why would you start a claim on yourself ? If he claims his damage on his collision coverage, his premiums go up because then he's no longer "claim free". Generally, the premium increases aren't worth the damages, hence how insurance companies get around paying out smaller claims.

So why would the OP contact HIS own insurance company to start a claim and ask for advice ? Maybe I'm missing something here, but the OP needs to contact that Oddysey's insurance company and start a claim with THEM, yes ?

Per your auto policy, you are required to report any and all claimable losses with your insurance company. Every policy has this agreement. Most states subrogate and will initiate a claim with the responible party if the opportunity allows. At fault losses usually don't affect your rating. Whether the loss is large or small, the insurance company doesn't "get around" paying a claim as the insured is the one who chooses the deductible, not them.

 

[WAS]

Per your auto policy, you are required to report any and all claimable losses with your insurance company. Every policy has this agreement. Most states subrogate and will initiate a claim with the responible party if the opportunity allows. At fault losses usually don't affect your rating. Whether the loss is large or small, the insurance company doesn't "get around" paying a claim as the insured is the one who chooses the deductible, not them.

I'm not talking deductable. When you file an at-fault claim on your collision coverage, your premiums for collision go up, because you're not longer "claim-free". This happened to my father several years ago, 20 years accident-free and then had a fender-bender. Claimed it on his collision, and his collision coverage nearly doubled for the next 6 years. This is how insurance companies get out of you claiming against your at-fault collision coverage. If your damages are $1000, but your premium goes up by $500 a year for 6 years (until you're considered "claim-free again), then you won't claim it. It has nothing to do with deductables, it's a scammy business practice, which is typical and expected from insurance companies.



And I've checked, here, at least with my insurance provider, I don't need to call them if someone hits me and they're at fault. I simply need to contact THEIR insurance company, and get a file started.