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Hit and run settlement

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JohnR1

Member
What is the name of your state? FL

Hit and run car accident in 2017. I have eye witnesss affidavit and the EDR data that was retrieved had abnormalities in the ignition key 10.59 cycles per day. We couldnt retrieve the car due to the person being in europe for 60+ days and yet somehow the car was started over 10.5 times a day 7 days week erasing potential non air bag deployment event after 250 ignition cycles. I had two sets of cortizone shots and a nerve ablation done on my lower lumbar after months of pain and sleepless nights after my first newborn child 40 days earlier.

Affidavit below

3. I was in my car with my wife and had stopped behind a red Hyundai to let them pull out of a parking space.
4. The red Hyundai (Me) was at standstill, presumably shifting from reverse to drive getting ready to pull out of the parking lot.
5. As white lexus came the corner and accelerated at a high rate of speed, much faster than any approatpriate parking lot speed.
6. As the Lexus came around the corner, it turned into the red Hyudai, impacting with significant force and actually pushing the red Hyundai.
7. The Lexus then continued to drive into red Hyundai like they trying to push it out of the way.
8. My wife and I were in disbelief that we just witnessed this type of accident.
9. The Lexus then fled the scene, again at a very high rate of speed. As i looked in my rearview mirror to get the liecense plate I noticed no lights or taillights.
10. The Police officer left me a message to make a statement and when I tried to call back I was told it was the wrong department and they gave me a number to the county who also were not able to take my statement.

Thank god, we had people the guy almost ran over in the parking lot get his license plate. Police officer who responded to the scene mentioned how this person was involved in numerous other nefarious traffic violations. Seems like this person is above the law with extreme wealth and has faced zero consquences for (BI) hit and run and his insurance company has made a low offer of 3k. Process seems to be overly drawn out even with with facts at hand and the cops dropping the ball on any follow up. Any advice would be appriciated.
 


Zigner

Senior Member, Non-Attorney
I agree.
But...
What does the number of times the car was started have to do with anything?
You mention not being able to sleep and in the same sentence mention that you had a baby 5-1/2 weeks earlier. Welcome to parenthood...
 

Zigner

Senior Member, Non-Attorney
Were you in the red Hyundai or not? I am confused by what you have written.
I think the OP was in the Red Hyundai. Wife was in the car behind the as the OP pulled out of the spot. I don't know why the OP would have looked in the rear-view mirror to see the license plate, since his wife was behind him, and that's just one part of the story that makes me go "hmmm". I'd bet that the other party's insurance company is claiming that the OP backed in to the path of the oncoming car, based on the OP's statement that he was still in reverse after backing out of the spot.
 

JohnR1

Member
Thanks Zigner. As I stated in the post non air bag deployment events delete after 250 ignition cycles. which would be used in court to verify the speed 5sec before the accident and 5 seconds after. It was me in the red hyundai. I had to leave names and date out of affadavit. That not my wife in the affadavit thats a random bystander waiting to pull into my parking spot. I wouldnt have my own witness affadavit
 
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Zigner

Senior Member, Non-Attorney
Thanks Zigner. As I stated in the post non air bag deployment events delete after 250 ignition cycles. which would be used in court to verify the speed 5sec before the accident and 5 seconds after. It was me in the red hyundai. I had to leave names and date out of affadavit. That not my wife in the affadavit thats a random bystander waiting to pull into my parking spot. I would have my own witness affadavit
Well, the speed is (largely) irrelevant in a parking lot, and an affidavit won't help you in court.

EDIT: Also, whether or not the airbag deployed doesn't mean much either, since airbags are only designed to deploy in very specific circumstances and not in every incident.
 

JohnR1

Member
not looking for empathy on sleepless nights with my child. Just sustained a back injury that changed my life after being in the best shape of my life at 29 and never sustaining a serious injury in my life. But I appreciate the get off my lawn post mate
 
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JohnR1

Member
"You mention not being able to sleep and in the same sentence mention that you had a baby 5-1/2 weeks earlier. Welcome to parenthood..." Just state I was a victim in a hit and run car accident and your only advice was this. Yea, I could manage not sleeping becasue of kid crying but not sleeping becasue i have numb leg and sleeping in fetal posistion on one side was the only way to get a half decent rest
 
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Zigner

Senior Member, Non-Attorney
"You mention not being able to sleep and in the same sentence mention that you had a baby 5-1/2 weeks earlier. Welcome to parenthood..." Just state I was a victim in a hit and run car accident and your only advice was this. Yea, I could manage not sleeping becasue of kid crying but not sleeping becasue i have numb leg and sleeping in fetal posistion on one side was the only way to get a half decent rest
This I understand - the prior post I do not.

I understand you are angry over this matter, but what you need to take from that part of my prior post is that your lack of sleep is going to be very hard to link to the accident when you have a 5 week old baby in the house.
 

JohnR1

Member
I was already completely reversed out of my spot, I was now completely paralell to any traffic going the opposing direction with the witness and HIS wife now behind me. When a drunk 4,700 pound Vehicle going 25+mph purposely hit me while I was at complete stop, right on the driver side door as I braced for the hit like a frozen rope as he then blazed out of the parking lot going 50mph as we were right next to a major hwy. Daily long distance swimmer since I was 15, not looking for money on getting no sleep. My only concern is being a new father and major part of my life was fitness and pliablity then being hampered to a ambulatory state and enduring a long rehab due to a wreckless hit and run driver.
 

Zigner

Senior Member, Non-Attorney
I was already completely reversed out of my spot, I was now completely paralell to any traffic going the opposing direction with the witness and HIS wife now behind me. When a drunk 4,700 pound Vehicle going 25+mph purposely hit me while I was at complete stop, right on the driver side door as I braced for the hit like a frozen rope as he then blazed out of the parking lot going 50mph as we were right next to a major hwy. Daily long distance swimmer since I was 15, not looking for money on getting no sleep. My only concern is being a new father and major part of my life was fitness and pliablity then being hampered to a ambulatory state and enduring a long rehab due to a wreckless hit and run driver.
I am sorry for your situation. Please consult with an attorney who can fight for you. I wish you the best of luck.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state? FL

Hit and run car accident in 2017. I have eye witnesss affidavit and the EDR data that was retrieved had abnormalities in the ignition key 10.59 cycles per day. We couldnt retrieve the car due to the person being in europe for 60+ days and yet somehow the car was started over 10.5 times a day 7 days week erasing potential non air bag deployment event after 250 ignition cycles. I had two sets of cortizone shots and a nerve ablation done on my lower lumbar after months of pain and sleepless nights after my first newborn child 40 days earlier.

Affidavit below

3. I was in my car with my wife and had stopped behind a red Hyundai to let them pull out of a parking space.
4. The red Hyundai (Me) was at standstill, presumably shifting from reverse to drive getting ready to pull out of the parking lot.
5. As white lexus came the corner and accelerated at a high rate of speed, much faster than any approatpriate parking lot speed.
6. As the Lexus came around the corner, it turned into the red Hyudai, impacting with significant force and actually pushing the red Hyundai.
7. The Lexus then continued to drive into red Hyundai like they trying to push it out of the way.
8. My wife and I were in disbelief that we just witnessed this type of accident.
9. The Lexus then fled the scene, again at a very high rate of speed. As i looked in my rearview mirror to get the liecense plate I noticed no lights or taillights.
10. The Police officer left me a message to make a statement and when I tried to call back I was told it was the wrong department and they gave me a number to the county who also were not able to take my statement.

Thank god, we had people the guy almost ran over in the parking lot get his license plate. Police officer who responded to the scene mentioned how this person was involved in numerous other nefarious traffic violations. Seems like this person is above the law with extreme wealth and has faced zero consquences for (BI) hit and run and his insurance company has made a low offer of 3k. Process seems to be overly drawn out even with with facts at hand and the cops dropping the ball on any follow up. Any advice would be appriciated.

NOW I get it: The "Affidavit below" is the affidavit you have from your witness. The construction of your post makes it seem as if it were YOUR words.
This affidavit would be worthless in court (it wouldn't even get admitted).
 

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