What should I do about a hit and run?

I was at a party and this guy hit my car. He drove off but some guys saw the type of truck that it was. My fender is a little bit bent in, my mirror was broken, and my door was scraped a little. The next day we found the truck and got it’s license plate. I left a message on the truck for the driver to call me. The day after that he called me and we met up. The owner of the truck says his friend was driving and never saw my car. I got both of their numbers and we all agreed to not get insurance or the police involved. About a week later they paid me to get my mirror fixed. It’s been about 2 months since the accident and they haven’t payed me anything else.

Asked on October 19, 2011 under Accident Law, Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Since your vehicle was the subject of a hit and run and you were able to get the telephone numbers of the people involved where some money was paid to get your mirror fixed but nothing more, you need to write the people involved demanding payment for the balance of the damages by a certain date.

Keep a copy of this letter for future need and reference in the event you need to bring a small claims action.

If you do not receive a check or other payment from the people who who were involved in the incident with your vehicle in the demanded time, your recourse would be to bring a small claims action against them for the damages.

Good luck.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You could sue the driver of the truck (who'd be responsible as the at-fault driver) and also the owner of the truck (who is responsible for the actions of those he lets drive his vehicle) for the additional repair costs they did not pay. You'd have to prove the liability or fault (that your car was negligently or careless hit while parked property) and the cost of the repairs. You could potentially sue in small claims court, where you could act as your own attorney (saving on legal fees), the costs are lower, and the cases move more quickly. The only way to make them pay is to sue them, so if it's worth your time and money to do so, then you should probably go ahead with filing a lawsuit (remember: lawsuits are never guaranteed wins--even with a good case, there's a chance you'll spend time and money,  but lose--so factor that in when making your decision).


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