• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Motorcycle was hit and run, do I have a case?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Tazman

Junior Member
What is the name of your state (only U.S. law)? California

First off, I'd like to thank anyone with any advice they have to my situation.

I work in downtown Sacramento where motorcyclists are allowed to park in metered spots along with other vehicles. On July 20th, 2010, I parked my motorcycle behind a car perpendicular to a curb-- making sure to give the vehicle plenty of room to get out of their space.

Now, I've been the victim of a hit and run before, so whenever I think someone has the potential to back into me, I take a picture of their bumper along with license plate, as to protect myself.

Well, sure enough, when I go back out to my motorcycle I notice that my motorcycle cover has been torn where my front brake lever meets the material, my right-side radiator is bent in, my right side radiator cover (shroud) is bent in, and my right side radiator louvers are bent in as well. After getting a quote from a parts shop and a mechanic, the total cost of repairs is going to total to about $730 including labor.

So on July 22nd, two days later, I notice that the owner of this vehicle works in the same area as I do, and I snap another picture of their vehicle's license plate/bumper, and sure enough, there is an obvious scratch/mark just to the left of the license plate that was not there before.

I proceeded to leave a note on the offender's car mentioning that I feel they may have hit me, I gave them a list of damages and told them that I do not feel the need to get insurance involved, so we could work something out, such as me getting used parts and installing them myself as to avoid excessive labor costs for her. I also gave her the photos of before/after as proof. In the letter I gave her my email and phone number-- knowing which method of contact she was going to choose.

In her email to me, she claimed that she had left early that day (which she had,) and that someone else must have backed into the spot and hit my motorcycle. I know this is false due to the fact that the scratch/mark that appeared on her bumper after she had hit me corresponded perfectly to where my bike was hit.

One funny fact is that she no longer parks along the same street after I gave her the letter on her wind shield.

So now, I am filing a claim with my insurance company, along with the before/after pictures. So now they are going to contact her insurance company so they can investigate. Now I know these investigations do not always go to plan, so I am preparing to take this to small claims court in case my insurance claim is denied.

Do any of you think I would have a claim in small claims court with the evidence of before/after photos provided, along with all the information I just gave? If so, what information should I make sure to prepare and what advice do you have? Also, have any of you had any experience with investigations like this? What are my chances of my claim going through?

If I was not a poor college student, I would not even pursue this.

Thanks a bunch.
 
Last edited:


Tazman

Junior Member
I'm more looking for an educated guess at my chances of winning. I realize I could go for it, but I want to make sure it's worth my time.
 

justalayman

Senior Member
if you have collision coverage, just claim it on your insurance, hand them the pics and let them do what they do.


If you don't have collision; best of luck. With no witness, my money is on you losing.
 

Tazman

Junior Member
Don't my premiums go up if I report collision? Also, my collision is a $500 deductible... meaning I would only get about $230, along with raised premiums.
 

ecmst12

Senior Member
No, your premiums will not go up, your vehicle was parked and there is no possible way you could be at fault. Your premiums go up if you CAUSE an accident.

I think your chances of winning in small claims court are miniscule. No one saw her hit your car and the scratch on her bumper could have come from anywhere. If she doesn't admit it, you don't have ANY evidence that it was her, and the burden of proof would be on you. Your choices are file the collision claim and get your vehicle repaired for $500, or pay out of pocket for the whole cost.
 

justalayman

Senior Member
with a situation like this I don't think your premiums would increase. You were parked after all. You would need to check with your carrier.

as to only being able to claim $230; your deductible was your choice.

did you make a police report?


I work in downtown Sacramento where motorcyclists are allowed to park in metered spots along with other vehicles.
do you mean you can share a space with any car? Do you have a link to that? If I understand you correctly, that is the most ridiculous thing I have heard. A biker parking in that manner is simply asking for his bike to be hit.

I couldn't find it in these ordinances. I would think they are the proper source:

Sacramento City Code (Sacramento, California)
 

Mass_Shyster

Senior Member
The standard of proof in a civil case is "More likely than not".

So, if you can prove, more likely than not, that this person caused the damage to your bike, you should get compensated.

When she stands in front of the judge and shrugs and says "I didn't hit him. I don't know how his bike was damaged. I don't know how my bumper got damaged. Maybe he ran his bike into my bumper." What will the judge decide.

I don't think you can prove "more likely than not" that she damaged your bike.
 

Tazman

Junior Member
The standard of proof in a civil case is "More likely than not".

So, if you can prove, more likely than not, that this person caused the damage to your bike, you should get compensated.

When she stands in front of the judge and shrugs and says "I didn't hit him. I don't know how his bike was damaged. I don't know how my bumper got damaged. Maybe he ran his bike into my bumper." What will the judge decide.

I don't think you can prove "more likely than not" that she damaged your bike.
Thanks. This is more of the kind of answer I was looking for. So do you feel it would be worth the price of $50 in court fees for the minuscule chance that i will win?
 

Tazman

Junior Member
Hmmm...you may want to read his answer just a teeny bit closer.
Senior, I realize he does not think I will win, but if he believes I have a chance, whether or not it is a good one, then putting forth 50$ to make a potential 730$ gain just might be worth it. Also, I wouldn't mind if you stopped posting in this thread. Your smart ass responses really aren't constructive. In fact, I'm surprised you have 29,000+ posts. I would think someone with that kind of post count on these forums would have something of substance to offer.
 
Last edited:

Antigone*

Senior Member
Senior, I realize he does not think I will win, but if he believes I have a chance then putting forth 50$ to make a potential 730$ gain just might be worth it. Also, I wouldn't mind if you stopped posting in this thread. You're smart ass responses really aren't constructive.
Oh No you diin't:eek:.

Tigi's gone one thing to say: Who let the dog's out!!!
 
You know the vehicle that hit your bike. Providing the her insurance doesn't pay, then it will always hang over your head if you don't prosecute. Even if you don'tr win it will be worth it.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top