Can we recoup losses from a hit-and-run accident?

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Can we recoup losses from a hit-and-run accident?

The driver was an unlicensed teen who hit our car while fleeing another accident she had just caused. We are now out of pocket for the deductible, potentially a rental car, over mileage fees on our other car that we are now forced to drive.

Asked on February 3, 2015 under Accident Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue the driver's legal guardians (e.g. parents) for all your out-of-pocket costs or losses that are certain and/or can be proven to a sufficient degree. That meanss you could potentially recover the deductible; a rental car for a *reasonable* time (you are expected to repair your car or buy a new one in a reasonable time frame); and mileage fees, if under the circumstances, they are certain, not merely speculative or possible.


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