What are my rights regarding small claims court for a hit and run?

UPDATED: Oct 1, 2022

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What are my rights regarding small claims court for a hit and run?

I was involved in a hit and run 3 months ago; I was the victim. Neither I or the officer got subpoenas to appear in court and the person who hit my car got away with nothing no fees, tickets, nothing. I want to pursue her in small claims court for the damages to my car. The only thing holding me back is that I checked her name under a state judiciary search and she is in stage 1 for getting the hit and run accident expunged. Can I still go to small claims? I am only persuing $1,000 in damages which I have a estimate statement from the place that will fix my car. The person who hit me had 2 different unregistered license plates, unregistered car and no license.

Asked on August 3, 2018 under Accident Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The status of any criminal charges against her (e.g., expungement) has no legal bearing on your ability to sue her for any damage, costs, or injuries you suffered. For the amount of money you indicate, suing in small claims, as your own attorney or "pro se," is the only cost-effective way to go. You will need her physical address in order to sue her.

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