What to do abut a hit and run accident?

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What to do abut a hit and run accident?

My car was totaled while it was parked and the driver did not stop. The witness took the plate number. Police examined the site and wrote the report but will not track the guy because nobody was injured. My insurance company will not go after this guy either, because I only have liability. I’m left alone without a car.

Asked on October 5, 2011 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You can go after the driver. You should speak with a personal injury attorney (even if you were not in fact injured, this is the sort of case, car accidents, they commonly handle and are proficient with). With the plate number, there's a good chance you and your attorney can track the perpetrator; if you can find him or her, you can sue for the damage to your car (e.g. cost to repair; or value of if it has been totaled, as you indicate) and other out of pocket costs (e.g. did you have to rent a car to drive?) or losses (have you missed any work days, and so lost wages?). The attorney can evaluate your case and the amount of losses and damages you've suffered in detail, and let you know how much you might recover, the odds or chance of recovering money, and also what it would cost to pursue the case; then you can make an informed decision as to whether to go ahead or not.


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 AttorneyPages.com 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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