hit and run victim

[fondumatz2]

What is the name of your state? Florida

hello!

i'm hoping someone can help regarding a hit-and-run accident.

my (brand new) car was parked august 5th in boca raton, when around 11pm a hit and run driver smashed the rear quarter panel and rear driver's side door from what appeared to be the opposite side of the road. we heard a noise from inside, but it didn't sound like a car being hit. the apartment complex (my sister lives in an apartment there owned by our parents) had told her she must have visitors park on the swale right next to the street/on the sidewalk when more than two cars are parked in the apartment lot (1 guest spot and her 1 allotted parking space). since she and her boyfriend each have a car, i had to park on the swale. i filed a police report when i discovered the damage, but neighbor's said they didn't see who did it, and i searched all the neighboring driveways and parking lots to try to find the culprit myself. the cop said there was nothing i could do, i would have to pay the deductible - $1000!! he also said the spot i was parked seemed unsafe, as it was right next to the road.
i had just shelled out thousands for the car of which i barely had, and although the repairs were finally completed last friday, i am unable to pick it up because i don't have the money to cover the deductible. it was undrivable because the door was bent an inch from the frame at the top, and it rains once a day here...
my question is (sorry for the editorializing) if i was told to park there by the homeowner's association for the complex, am i able by law to go after them as responsible parties? am i able to have them cover the damage to my car in their property insurance policy somehow?
i think it's a small price to pay since i've been without so much as a rental (didn't have the coverage on my insurance), frustration and lack of peace of mind in being unable to find the person that did it, and loss of money from being unable to get to work without a car for close to 3 weeks.

any suggestions? i realize any chance of finding the culprit is pretty much impossible - but if there's any way you can think of, that would be helpful too.

thanks,
j.

 

[JETX]

"if i was told to park there by the homeowner's association for the complex, am i able by law to go after them as responsible parties?"
*** Unless THEY parked your car there, no. Simply, you had the choice of parking there or not. You could have taken a cab or bus.

"am i able to have them cover the damage to my car in their property insurance policy somehow?"
*** Not unless the do so voluntarily.

"I think it's a small price to pay since i've been without so much as a rental (didn't have the coverage on my insurance), frustration and lack of peace of mind in being unable to find the person that did it, and loss of money from being unable to get to work without a car for close to 3 weeks."
*** And those are ALL your choices when you decided the insurance coverage that YOU wanted.

 

[fondumatz2]

thanks...

whose side are you on anyway?

i'm totally innocent in this situation, and have no recourse whatsoever?

j

 

[JETX]

"whose side are you on anyway?"
*** I'm not on anyones side.

"i'm totally innocent in this situation, and have no recourse whatsoever?"
*** Actually, you aren't 'totally innocent'. You made the decision to park in that spot. Granted, you may not have been aware that it "seemed unsafe" (from your post). In any case, safe or not, the apartment complex has no liability to you since they had absolutely no involvement, direct or proximate, in the cause of your damages.

 

[fondumatz2]

actually, i feel they are responsible. they do not provide adequate parking, and actually had the nerve to instruct tenants/owners to park in the parking lot of a grocery store down the street.

j.

 

[JETX]

Of course you have the right to feel what you want.
Now, are you willing to 'toss the dice' with your money and time by taking them to court???
If so, march on down to your local small claims court, file a complaint and pay your fee.

 

[fondumatz2]

anyway, are you forgetting some ******* hit my car and took off? you've obviously never had something even remotely similar happen to you. because if you did, you would sympathize with the feeling of having your personal property, that you worked your ass off to have, destroyed and left for you to pick up the tab. i didn't expect something like that to happen at all.

wouldn't you be looking for some help? regardless of my insurance choices, the rates in florida have just jumped up, and the only way for me to keep them affordable, was to increase the deductibles and remove the rental coverage since i was able to adjust them while financing. my previous car was a lease with very high coverage because that was all i could have.

j.

 

[fondumatz2]

that's the whole point of this - that either way i'm screwed out of money for something i didn't do. all i did was park to visit my sister. never expected some drunk guy/girl to drive by (judging by the damage they came from the opposite lane), totally sideswipe my car and take off.
people get screwed in hit and run accidents - parked or otherwise - and it's rediculous.

j.

 

[hexeliebe]

wouldn't you be looking for some help?

That's why Jerry Springer is on twice each day.

As for your LEGAL remedies, you've been very eloquently given them. You can piss and moan all you want about what's fair and not but at the end of the day there only remains one thing that is fact, legally you will have to pay for the repairs and hope the police (you did file a report didn't you?) find the culprit.

 

[fondumatz2]

i did say i filed a police report - but come on, we all know the cops don't do **** in these situations - unless there's a death involved. they could analyze the paint of the other car, and probably even search records in the local area for another report from a white suv owner - or even search the area for cars with the description getting repairs. but they don't. they're too busy eating their donuts and ticketing people for going through stop signs.
i would be glad to do the investigating myself, but how?

j.

 

[JETX]

Okay, fondue. I will say what you are so insistent on hearing.
You have absolutely NO fault here.
1) It is NOT your fault that YOU CHOSE to have $1000 deductible coverage. It is the low-life insurance companies who have jacked up their rates. Damn them!!
2) It is NOT your fault that you didn't park in a 'normal' parking lot. That darn apartment didn't provide enough parking spots. Damn them!!
3) It is NOT your fault that YOU CHOSE to not have car renter insurance. Again, those darn insurance companies!! Damn them!!
4) It is NOT your fault that you decided to spend all your money on that car and not have enough left over to buy 'real' insurance. Damn them!!
5) If is NOT your fault that your sister and her boyfriend live in a place that only allows two parking spaces. Damn them!!

The only true statement is.... it is not your fault that some idiot did a 'hit and run' on your car.

Summary: Crap happens in life. It was just your turn. And no, there is no justice or fairness in that. So, accept the fact that you are not going to find someone to blame and hold responsible...... and get on with your life.