Leaving the scene of an accident...

[WGavigan]

I live in New Jersey and was involved in a hit and run accident. There was light snow on the road and a vehicle hit my vehicle in the rear then hit the divider in the road way and drove off. There were no injuries to me or my passanger. Fortunatly the bumber of the vehicle fell off and We are in the process of finding the person. The car i was driving was a 1992 caravan and was labled as totaled. The amount the insurance company will pay isnt even close to the value that the car had for our family. Also this day was my birthday and the hit and run accident pretty muched ruined the whole day. Would I be able to file a lawsuit against the driver of the vehicle that hit me and if i can what would i be able to sue for.

 

[I AM ALWAYS LIABLE]

I live in New Jersey and was involved in a hit and run accident. There was light snow on the road and a vehicle hit my vehicle in the rear then hit the divider in the road way and drove off. There were no injuries to me or my passanger. Fortunatly the bumber of the vehicle fell off and We are in the process of finding the person. The car i was driving was a 1992 caravan and was labled as totaled. The amount the insurance company will pay isnt even close to the value that the car had for our family. Also this day was my birthday and the hit and run accident pretty muched ruined the whole day. Would I be able to file a lawsuit against the driver of the vehicle that hit me and if i can what would i be able to sue for.

My response:

Yes, you could definitely sue for your ruined birthday. You'll be awarded a nice, gooey, three-layer chocolate cake with sprinkles, and two tickets to Atlantic City's "Taj Mahal Hotel & Casino."

Inside the cake, you'll find a judgment for over one million dollars!

IAAL

 

[WGavigan]

Yea Thanks Sarcasm always helps........ can't wait till someone hits you and takes off

 

[I AM ALWAYS LIABLE]

Yea Thanks Sarcasm always helps........ can't wait till someone hits you and takes off

My response:

Of course you can sue the other driver if you find him - - within your State's "Statute of Limitations."

However, why bother?

Didn't you have "Uninsured Motorist Coverage" in your vehicle insurance policy? If so, make your claim through your insurance company.

Look, I was kidding around with you because you happened to mention that your birthday was ruined. That fact had nothing to do with the accident or your potential damages. It's just one of those little burps that happen in life.

So, take it easy and try to make those lemons into lemonade.

IAAL

 

[WGavigan]

The statute of limitations on my state on a leaving the scene of an accident with out injuries is one year. And the reason for filling a lawsuit is our insurance is only going to give us around 2500 $ for a caravan becuase it would cost more then the price of the car to fix it. We had it since it was new and it would have lasted us another 40 thousand miles. Now what are we gunna do with 2500 bucks... nada therefor the liabilty is on the driver that hit me to cover our damages and losses do to his recklessness.

 

[I AM ALWAYS LIABLE]

The statute of limitations on my state on a leaving the scene of an accident with out injuries is one year. And the reason for filling a lawsuit is our insurance is only going to give us around 2500 $ for a caravan becuase it would cost more then the price of the car to fix it. We had it since it was new and it would have lasted us another 40 thousand miles. Now what are we gunna do with 2500 bucks... nada therefor the liabilty is on the driver that hit me to cover our damages and losses do to his recklessness.

My response:

Well, that's good - - IF you can find him to sue him.

But, DID YOU have uninsured motorist coverage? You've got to answer my questions without me having to repeat myself IF you want help.

IAAL

 

[WGavigan]

yes of course, because if i did not my insurance would not cover the accident at all. And the guy will be found because little does he know i have his bumber with his vehicle identification number on it... hahahahah

 

[I AM ALWAYS LIABLE]

yes of course, because if i did not my insurance would not cover the accident at all. And the guy will be found because little does he know i have his bumber with his vehicle identification number on it... hahahahah

My response:

Well, that's wonderful. I read about the bumper in your initial post.

And no, it was not "obvious" that you may have had "uninsured motorist coverage" from your posts. You were paid under the "collision" portion of your insurance. You know, some people DO "waive" the uninsured motorist coverages in their policies. It is possible, don'tchaknow.

However, you have no idea at this point whether the car was being driven by the owner, the brother of the owner, or whether the car was stolen and being driven by a criminal. Also, at this point, you have no idea whether there was any insurance on that car - - which is unlikely or the driver would have stopped.

So, make your Uninsured Motorist Claim. If they don't offer you what you believe to be a fair settlement, then send your insurance company a "Demand for Uninsured Motorist Arbitration" by Certified Return Receipt mail, and then let an arbitrator hear your arguments, and make a final decision on the merits and damages of your claim.

IAAL

 

[WGavigan]

the car might have been stolen but was definitly insured, the vehicle was only 2 or 3 days old and when the cops ran the vin it came back invalid becuase the vehicles papers didnt get into the state system yet. The reason i say it was definitly insured is becauase in new jersey in order to take delivery of a new vehicle you must show proof of insurance or the will not give you the vehicle do to liability reasons.