IS_NIICE

iTrader: (1)

hey i just called the police and they said that there is nothing they could do if i got the insurance info, and that a report is out of the question.

i have farmers insurance and she has AAA. i have talked to my agent but we have not reported it compeltely yet. my mom wants me to as soon as she gets to her office so i can fax her everything...so is it my word against hers or what? she knows that it happened on a different intersection and i followed her to her house (hit n run), but if she lies, can the adjusters easily prove the truth to my story? i refuse to take any blame for this...

15951

Really interesting. The law appears to reward those that hit and run by not even writing a report. Had she stayed on the scene and done the right thing, she almost certainly would have received a ticket, and a police report would have been written.

I know it's your word against hers, but c'mon...can't the cops look at your car, look at hers, talk to each of you, and come to a simple conclusion that a collission occurred?

Evitzee

I know all the talk here is 'hit and run' and all that, but this isn't that unusual a case. And what are you going to gain by a 'hit and run' claim? More money? Getting her thrown in jail? Ain't going to happen. You already have the insurance companies involved, so your company will talk to her company, and the process begins. You may have to give a statement to an adjuster (that will be recorded as part of the record) that will help them determine what happened and to apportion fault. Tell the truth and don't embellish the story. Don't sweat it, it's all normal practice for accident investigation. If you weren't at fault her insurance will pay for it. Your insurance shouldn't go up. Is $4,450/6 months the BEST rate you can get? That's awfully expensive, even for a young person. Paying $8,900 a year for a $40,000 car is ridiculous.

kensteele

dude, i really hope this all works out for you, i know it would suck to have someone be in the wrong and you have to pay for it. like i said earlier, you should have stayed put. but never mind, the best thing to do is negotiate a settlement because it looks like it is impossible to tell what happened and who is right or who is wrong because nobody stuck around to really find out.

hit and run is basically reserved for the criminal who does a whole lot of damage or hurt someone and try to get away. i don't care what anyone says, even if they are a cop, work for the insurance company, whatever. there are very few people if any in jail for hit-and-run on a minor fender bender. trying to put her jail won't help you one bit. and i'm not surprised that the police don't want to write a report....disappointed, but not surprised. at this point, that police report would only be hearsay. why? because the police didn't see it happen plus NOBODY stuck around to bother determining what actually happened....it might as well never even didn't happen.

anyway, the law doesn't reward anyone. the law is clear. you just have to know what it says and then you act accordingly. right now, you should concentrate on the insurance process, the time for the legal issues are over.

i have rear-ended someone three times in my life and two times the party said "no harm no foul" and sent me on my way. but i was nice and never pointed fingers; never admitted to anything either.... but it's partially about attitude and understanding that people aren't pieces of ***** just because they collide with your car. sure they are irresponsible and panic and do the wrong thing sometimes but accidents and it's hardly a felony and nobody got hurt. call us the woman and her dirtbag husband and trying to get them to pay your bill because at this point, you're insurance company might not be the best route to go.

p.s. did i say i would have never left the scene to chase a suspected hit-and-run driver? but what do i know, i'm full of it.

unit74

iTrader: (3)

If the police agency refused to take a report, you need to file a complaint with the city counsel. I would not let it end there with some lazy officer. If you state that you want to make a citizens arrest, they HAVE to take the arrest from you. It's the law. It's also the law that once they take the arrest, they can release the person. But there is a paper trail they have to start.

It's nothing but smoke in your eyes if they said there is nothing they can do.

tqlla3k

iTrader: (1)

Unfortunatley, these days, always say your have some minor pains you want to get looked at. Thats the only real way to ensure that you get a report filed.

The Lady should still have been ticketed for fleeing the scene of an accident regardless of wether or not you have her insurance. She hit you and left the area where the accident occured. Ridiculous.

SHE DESERVES a fine or JAIL. What does it gain the OP? Nothing, but there are laws to protect victims and this is one of them. So what do people learn from this incident. They can just drive off scott free? NO THERE ARE LAWS TO PUNISH PEOPLE THAT DO THIS. AND she deserves it.

warrionex

Without the benefit of her side of the story, I see you that you have a few good pointers to make your story believable :

1) Her lane (right lane) was blocked by the construction work.
2) She moves from her lane to your lane (adds to the "Avoid Road Work theory")
3) She knew something happened to both cars but she did not stayed put. She ran as hell !! (most important point)
4) You were so confident it was her fault that you followed her. She knew she was being followed, but she did not stop a single moment before getting home.
5) Once in her house, as an irresponsible citizen, she did not showed her face to work things out. She sends her husband who's obviously not a witness of the facts. This shows no respect or responsibility.

Let me know her version of the facts before making my final judgement !!

tqlla3k

iTrader: (1)

You should always.. always get a police report(unless you are at fault). You dont have to file a hit and run. But you do want a report. If they dont write it, say something liek "YOu may have tweeked your shoulder or something"

kensteele

check your state laws before you look foolish. if there is an injury, the police will file a report, they won't dismiss you. however, the police are not obligated to file a police report for everything, just some things. check out that criteria (state law) before you file your complaint.

and i'm going to say this again since some people here might have "missed it." the police was not at the scene of the accident. they didn't see it happen and they didn't visit the accident scene at all. therefore a police report containing this information is no better than a kensteele report containing the same information. it is hearsay and would proably get challenged that way. so it will not help you with the hit and run. the lady can go the police and get a police report #2 that says the opposite of your. it might help you with insurance but it's too late to file a citizen's arrest. you would be opening yourself up to a civil lawsuit if you tried to arrest her and didn't have any facts. a police report is not factual.

don't lie to the police. that's stupid. if you do, you might get arrested. if you don't have a hurt shoulder or neck, don't say so. it's fraud. these people aren't idiots, if you're trying to get a police report and they won't give you one and you start compaining of injuries and haven't seen a doctor, you're going to get locked up.

tqlla3k

iTrader: (1)

That has got to be the dumbest thing I have ever heard. How are they going to prove fraud, because you say your neck feels stiffer than normal. Police wont give you a report unless there is an injury. You can easily claim a stiffness in your shoulder you want to get checked out. I am not saying sue for whiplash. But make sure you get a report.

After you get the report... all you have to do is say "Oh the stiffness went away after I got some rest, it must have been stress related" or you could say "Oh I guess I just slept weird, because of the stress"... Or you could easily be a Hypochondriac. I can easily induce a stiff neck, by just thinking about it.

I know if someone hit and ran from me... I would have some stiffness in my neck and arm as well as high blood pressure that I want to get checked out.

If you dont, its your word against here. The officer was there at the lady's house, and had made an assessment of the situation. if the officer gets called to the witness stand 2 months from now, and doesnt have any notes or a report, he wont know you from adam. And then what? You get screwed.

ALWAYS get a police report. Dont listen to Kensteele's "Oh let them off scott free" and "hope that your word against her's is good enough" GET THE REPORT.

The officer at least knows that there was an incident, and that you had to follow her to her house. THAT SAYS A LOT.

AsianGirl007

iTrader: (1)

I agree. Go down and speak to the watch commander, then file a hit and run report.
Your insurance shouldn't go up since it wasn't your fault? Last time I was hit I didnt even bother to tell my insurance company, I just had other guy's insurance work directly with my body shop.

Oh and if it does wind up being her word against yours, she's the one who ran - only the guilty run.

tqlla3k

iTrader: (1)

Here is my suggestion. Just go back to the officer, ask him if he remembers you and the incident.

Then say

"Hey, I think this is probably stress related or maybe I have been sleeping weird, but I am having a little stiffness in my shoulder, that I "Might" want to get looked at. Could you please write a report for me. I am going to try to sleep it off, but I would feel a lot better if you could just write the report. Thanks"

I am NOT SAYING SUE for whiplash... that would be fraud.