Premeditated Hit and Run

[RAS55]

What is the name of your state?California.

I am the victim of a recent unprovoked, premeditated, hit and run incident that took place on a California interstate highway which caused $1,500 damage to the front left fender and driver's door of my vehicle. I was not injured.

I immediately reported the incident to a California Highway Patrol Officer and I was able to provide the officer with the other vehicle's license plate number, a detailed vehicle description, and a general description of the driver.

Some time later, the officer attempted to speak with the registered owner of the vehicle only to find out that he had been in jail (for some other crime)since three days after the hit and run incident. The officer did inspect the registered owner's vehicle and there was damage consistent with the hit and run incident. It has been almost a month and I still have not received a copy of the officer's final report.

The officer asked me if I wanted an opportunity to try attempt to identify the registered owner's face out of a "photo" lineup. I told the officer that I definitely wanted an opportunity to identify the registered owner. He went on to tell me that if I was successful, the registered owner could then be charged with a misdemeanor for the crime. However, if I was unable to pick him out of the lineup, no charges could be filed and the registered owner was then "off the hook" so to speak.

My intent is to prosecute the guilty party to the maximum extent of the law.

1. Is it true that an unprovoked, premeditated, hit and run automobile accident is ONLY a misdemeanor? Why not assault with a deadly weapon? Why not assault and reckless endangerment, etc?

2. By law, am I allowed to request that the lineup be "live" rather than only from "photos?"

3. If I am unable to identify the registered owner from the lineup, do I have another recourse? e.g. Small claims court?

What are my options? Please advise... thank you.

 

[Cushie]

How do you know it was premeditated?? Was this someone with a grudge against you?

 

[stephenk]

you can always submit the property damage claim to your own carrier, if you have collision coverage.

 

[RAS55]

Response to Cushie

How do you know it was premeditated?? Was this someone with a grudge against you?

The driver of the other vehicle was (and still is) a complete stranger to me. Prior to this incident I had never even laid eyes on this person before! I did not provoke the incident (hand gestures, eye contact, driving style, etc.) and my vehicle is completely sterile (no bumper stickers or political stickers, etc.).

I was driving westbound in lane 3 of 5 lanes (numbered from left to right) and he was driving along side my vehicle in lane 2. Suddenly, and without warning, he drove into my lane forcing me to swerve to the right into lane 4 (luckily there wasn't another vehicle in lane 4) to avoid being hit.

He then drove back to lane 2 while dropping 3-4 car lengths behind me. I then drove back in to lane 3 and continued westbound. He then (without using his blinkers) swerved in and out of traffic (cutting off other drivers in the process) from lane 2 to lane 1, and then back to lane 2 again where he then pulled up along side the left side of my vehicle again! He drove along side me like this for about 10 seconds, looked down into my vehicle at me, and then swerved into my lane again suddenly, crashing his truck into the left side of my vehicle! Now, if that isn't premeditated I don't know what is, right? He went way out of his way to pull up along side me the second time and then slammed his truck into the side of my car! I'd say that was premeditated, wouldn't you agree?

 

[RAS55]

Response to Stephenk

you can always submit the property damage claim to your own carrier, if you have collision coverage.

Right. If he has insurance, then his company will be forced to reimburse my insurance company the $1,500. If he does not have any insurance my insurance company will have to absorb the loss. Since I was not at fault, my insurance rates should not go up. I'm covered either way, but I'm more concerned about prosecuting this person to the fullest extent of the law in order to give him a wakeup call that he cannot continue this behavior without serious consequences. If he is not stopped, who will he do it to the next time? You?