Not at fault collision Ins. Never paid, AZ

[BlIzZ]

Date of collision - 12.12.2017

It was a hit and run. We did go to court and this person was sued by the state of Arizona.
He was found at fault for suspended licence and fleeing the scene of an accident.

He immediately admitted fault when the trooper showed up to his residence but he made a not at fault claim with his insurance.

The insurance was giving a hard time and I was stressing out way too much so I just left it alone

It is now Jun. 15, 2020
My question is, do I still have a right to claim restitution for damage to my vehicle?
It's been over 2 years.

If I have no right to demand payment, then I can live with that but I wanted to give it a go.

 

[Just Blue]

Date of collision - 12.12.2017

It was a hit and run. We did go to court and this person was sued by the state of Arizona.
He was found at fault for suspended licence and fleeing the scene of an accident.

He immediately admitted fault when the trooper showed up to his residence but he made a not at fault claim with his insurance.

The insurance was giving a hard time and I was stressing out way too much so I just left it alone

It is now Jun. 15, 2020
My question is, do I still have a right to claim restitution for damage to my vehicle?
It's been over 2 years.

If I have no right to demand payment, then I can live with that but I wanted to give it a go.

Do you mean that the at fault driver was criminally charged by the state and found guilty?

 

[adjusterjack]

It's been over 2 years.

In Arizona you have 2 years to file a lawsuit for property damage from the date of the accident.

You're too late.

 

[Just Blue]

In Arizona you have 2 years to file a lawsuit for property damage from the date of the accident.

You're too late.

I *think* OP want restitution via the criminal case.

 

[adjusterjack]

I *think* OP want restitution via the criminal case.

Probably too late for that, too. I imagine that the perp was fined and was off probation long ago. Should have been addressed while the prosecution was going on.

 

[PayrollHRGuy]

The insurance was giving a hard time and I was stressing out way too much so I just left it alone.

That decision has cost you money and there is nothing you can do about it.

 

[zddoodah]

We did go to court and this person was sued by the state of Arizona.

I assume this means that the other driver was eventually identified and was criminally prosecuted (the state would not sue in a situation like this).

do I still have a right to claim restitution for damage to my vehicle?
It's been over 2 years.

If I have no right to demand payment, then I can live with that but I wanted to give it a go.

Just to be clear, while I wouldn't regard it as a legal "right," you certainly can demand payment. However, the statute of limitations expired after two years, so you could not successfully sue the other driver. See ARS 12-542(3). It's possible that there's some sort of crime victim's restitution fund, and you can inquire with the district attorney that handled the criminal case about that.

 

[quincy]

Here is a link to Arizona’s Victim Compensation Program:
https://www.azcjc.gov/victim-compensation-program

There is a 2-year statute of limitations and a prerequisite for a compensation award is that criminally injurious conduct directly resulted in the victim’s physical injury, mental distress, medical condition, or death.

 

[BlIzZ]

Here is a link to Arizona’s Victim Compensation Program:
https://www.azcjc.gov/victim-compensation-program

There is a 2-year statute of limitations and a prerequisite for a compensation award is that criminally injurious conduct directly resulted in the victim’s physical injury, mental distress, medical condition, or death.

The person that commited the hit and run is a violent criminal and a trooper did come to my house to have me sign something regarding "victim protection".

I do have the original claim number. The district attorney did request I send his office an estimate of financial restitution, which I did. The guy kept not showing up for court and I didn't request a hearing for financial restitution.

 

[BlIzZ]

Do you mean that the at fault driver was criminally charged by the state and found guilty?

Yea

 

[BlIzZ]

That decision has cost you money and there is nothing you can do about it.

Yea, no big deal

 

[BlIzZ]

I *think* OP want restitution via the criminal case.

Nah

 

[BlIzZ]

I assume this means that the other driver was eventually identified and was criminally prosecuted (the state would not sue in a situation like this).




Just to be clear, while I wouldn't regard it as a legal "right," you certainly can demand payment. However, the statute of limitations expired after two years, so you could not successfully sue the other driver. See ARS 12-542(3). It's possible that there's some sort of crime victim's restitution fund, and you can inquire with the district attorney that handled the criminal case about that.

I didn't use proper terminology.
That's my bad.
Yeah, the guy was prosecuted. He pulled over and I had a chance to get his plates.
Apparently he's a dangerous and violent person and had recently gotten out of prison, at the time.

I'm not looking to sue anyone.
Thank you for replying.

 

[quincy]

The person that commited the hit and run is a violent criminal and a trooper did come to my house to have me sign something regarding "victim protection".

I do have the original claim number. The district attorney did request I send his office an estimate of financial restitution, which I did. The guy kept not showing up for court and I didn't request a hearing for financial restitution.

Thank you for replying to all of our posts and answering our questions.

If you chose not to seek restitution at the time of the accident, it appears you are a few months too late in seeking restitution now. Sorry.

I guess you can take some comfort in knowing that the fellow who hit you was prosecuted for his crime.

 

[Zigner]

... I didn't request a hearing for financial restitution.

That was your mistake.