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

UPDATED: Feb 3, 2015

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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