Hit and Run
 

Hey guys/gals I have a simple question.

This morning a lady hit my daily driver (not the porsche) and tried to take off. I followed her, got her license plate number called the police and finally was able to "exchange" information. Come to find out she doesn't have a US drivers license or insurance. The police obtained as much information from her as possible then gave her my information with all my insurance info and drivers license number.

Here is my question... The lady claimed to the officer she did not hit me and the damange to my car was already there even though my paint was on her car...

The damage is not bad enough for me to want to go through my insurance since she doesn't have any but now that she has my information what would happen if she called my insurance company and claimed I hit her? I don't want to have to claim it as the damage is minor and wont cost me much to repair but I also don't know if she will try and pull a fast one and call my insurance reversing the situation.

What do you guys think is the best way to handle the situation?

Thanks,
James D.

Simple, make sure there is a police report on what happened. Then if she tries to come back and get something from you, you can refer her to the cops. Even better if you have a copy of the report, or at least the number of the report so the cops can pull it up later. I'm surprised they didn't arrest her for the lack of insurance and license.

Get a copy of the police report and read it, I would hope the office would give you deference given she has reasons to flee. She should have been ticketed or arrested for driving without a license, something should give you an edge in the truth coming out in this report, good luck.

It really comes down to what type of person you are and how you feel about the situation.

You could always sue her and not have your insurance pay for anything (thats the point of having insurance in the first place). If your insurance does not pay for any damages, even if she calls them up and says whatever, you are still fine and your rates will not increase.

There is no reason why they should let her on the road again. Thats ridiculous if true.

You don't need to worry about her saying anything to anyone if she doesn't have insurance or doesn't even have a license! That deems it automatically her fault. I'm pretty sure even if you rear ended her, that would still be the case since she had no business being a driver in the first place. Just make sure that info is in the police report.

This is why I am disgusted with the foreigners, illegals in this country. They want take responsibility for their actions. I live in Florida, had a delivery driver for me bump someone at a red light back in the early 90's, all because someone ran the red light and the vehicle in front her went forward then made a sudden stop to keep from being creamed. My driver put a small dent in her bumper. Since it was just 2 blocks from us I went and and oversaw that insurance and license numbers where exchanged and also told the victim that we would pay the cost of the repair to keep our insurance rates from going up. She was completely happy and I apologized for the inconvenience that this may caused her, and she replied, it was neither of there faults because the red light runner is what started it all.
Now her husband says, you need to get a police report and believe or not, they charged our driver with the accident and also charged her with leaving the scene of an accident. I had a discussion with the police officer and told him what happened and that we exchanged insurance info and all and that our company was going to pay the dent to be fixed. But since her husband started this with police department they had to follow through. Not only that, if an accident is under $500 the police did not to be called to a fender bender.
Now I noticed you live in CA, I guess your laws or very liberal. But, you can ask for the a police report and also they could charge her with leaving the scene. Maybe you can get justice this way. :(

you could probably file a small claims court suit against her for a minimum amount.
She most likely will not appear in court and a judgment will be entered in your favor which should be all the cover you need. Unless she's flat broke, you could offer to drop the suit for an amount you think she might go for. Better something than nothing.

Not a simple question really, not in this day and age. I have personal experience in a situation much like this and I am surprised she was not charged with a criminal misdemeanor hit and run.

If you do not want to involve the insurance companies, that is up to you, but you really need to have a police report that has your side of the story and hers, and if you have an attorney, make them aware of the incident.

by the way, looks like your cops went easy on her. Florida and some other states are handing over illegals involved in fender benders to the Feds for detention and deportation after failing to show papers. No stoping home to pack up the house and kids...it's right to the plane. I used to work in federal LE so I've seen this first hand, and this was before 9/11, much tougher now from what I hear. This all has caused a big problem Child Services agencies because the kids go months sometimes before they can figure out how to send them back or to put them into foster care. Which sorta encourages the hit and run behavior. This is one reason why I'm not in favor of local cops doing the job of the feds much like I don't like cops engaging in high speed chases for auto theft. It only causes more problems for the inefficent state govt to deal with.

The system no longer protects, it is now just a business. :eek:

Thanks for the reply guys.

I'm just going to get a copy of the police report tomorrow for my file. I really don't care to get anything from the lady. I just want to protect my own hide. She hit me and ran until i chased her down and called the cops. Thats all I need documented which is what the police noted.

Man I've got bad luck with cars. So much for my 2010 Range Rover being perfect. Lucky for me she didn't hit the bodykit I have being installed this Saturday :D

There would be nothing wrong with discussing the incident with your insurance agent. Show them the police report. Tell them you don't want to file a claim, just make them aware of the situation and your fear of her filing a false claim. They should be fine with that and if they're armed with your info and she tries to pull a fast one, they may be able to scare her away if they stand up to her.

Logic would say if she doesn't have a license or ins, she wouldn't want to draw attn to that fact by filing a claim. But logic seems to be out the window these days and people have some pretty big brass ones when it comes to outrageous lawsuits.

When you pick up the police report, you might want to ask why she wasn't arrested. Why do we have laws if they're not going to be enforced by the police? Ask politely but don't let them sluff you off.

Good luck with your situation. Glad it wasn't the P-Car.

I just can't believe that I, A USA VOTING CITIZEN, has to be scared of someone the police KNOW is not here legally!!! ABSURED, the more I think about the situation the more pissed off I get! :troll: :troll: :troll:

Don't worry, The Anointed One will quickly work to make her a citizen before Nov.

Less politics! Don't make me come over there and attach one of these to that S of yours.

I don't see where in the original post it says the person is an illegal immigrant, he just says they didn't have a drivers license or insurance. Or was it implied? There are a lot of US citizens that drive around without proper license or insurance.

The original post didn't say that. Someone later on jumped to that conclusion.

i'd put a lien on her car.

If an officer beleived her, shame on them. In my book she already lost credibility for not having license or insurance and still driving.

I did, I live in Florida and since the guy who was hit lives CA, we both have a lot of illegals here. This is what they do, run from the police. It's not my fault. Again, a lot of them do not want to live by our rules. :matchup:

Was this women issued a citation ? I most states, operating a motor upon a public way that is uninsured is a criminal offense. In addition, depending upon whether or not this women was duly licensed, that can also be a criminal violation. Finally, knowingly leaving the scene of a motor vehicle accident/property damage is a criminal offense as well. And in some circumstances is arrestable, particularly if personal injury occurs. It doesn't sound like California's finest did much of a thorough job is this case.

Well I talked to the women finally or errr had a conversation traslated though her son and she admitted to having an expired passport and then I was given the sad story of only being here so she can be with her family blah blah blah.

I'm letting it go, getting it fixed on my own dime and thats that.

I'm pissed that no one does anything to get these leaches out of our country! I pay taxes, you pay taxes and they do nothing!