Got Hit n Run in Parking Lot - TeslaCam caught it!

[holmgang]

I spoke to Police officer today, he came over the house.

He asked if I want to pursue it as a criminal case or just incident report.

What should I do?

He said, for a criminal case - I would have to act as a “victim of a crime” and then file charges vs driver for him to have any real consequences for misdemeanor - likely a slap on the wrist is small fine. For this, I would need to go to court etc.

Or, I can file a simple incident report and nothing happens (legally) to the guy who hit n ran - his insurance will still payout due to my video - bc MY insurance will use it as evidence to push for reimbursement to them.


While I do want justice, I’m also scared this driver may find out my name/address and try to potentially harm my family - in the event I pursue this in court. the guy looked a bit rough and the area this happened in is not a good neighborhood. Plus, do I want to risk my family’s safety for $200 fine? Lol

What do you guys think?

the satisfaction of hassle you'll put him through is worth it. unless you are busy and it costs you undue burden , of course.

 

[drtimhill]

I spoke to Police officer today, he came over the house.

He asked if I want to pursue it as a criminal case or just incident report.

What should I do?

He said, for a criminal case - I would have to act as a “victim of a crime” and then file charges vs driver for him to have any real consequences for misdemeanor - likely a slap on the wrist is small fine. For this, I would need to go to court etc.

Or, I can file a simple incident report and nothing happens (legally) to the guy who hit n ran - his insurance will still payout due to my video - bc MY insurance will use it as evidence to push for reimbursement to them.


While I do want justice, I’m also scared this driver may find out my name/address and try to potentially harm my family - in the event I pursue this in court. the guy looked a bit rough and the area this happened in is not a good neighborhood. Plus, do I want to risk my family’s safety for $200 fine? Lol

What do you guys think?

On balance, I agree with those who say to just file the incident .. this is less hassle (and worry) for you, and you have all you need for your insurance to make HIS insurance pay. Plus he will get dinged on his insurance so he WILL be penalized (higher insurance rates).

 

[ODWms]

I’m interested to know if it’s even his car, and not a friend’s/parent’s, etc.

 

[charlesoris]

Hit and Run is a criminal offense in California. I would file a report and have the police/sheriff locate and site the bastard. One way or another, he will find out your name and address when you file this report.
I have seen several cases where the local sheriff and CHP pursue and cite guilty parties.
Good luck

 

[charlesoris]

I meant "when you file an insurance claim"

 

[Trekker_]

My insurance rep called today and said he contacted at fault drivers Ins company and opened a claim.
Infinity (Kemper) Insurance -- Never heard of it.

He advised I work with his insurance company and work with them on the claim to get my car repaired.

So, now I'm awaiting a follow up from his insurance , IF they will accept full liability.

The first appt available for a Tesla Body Shop is Feb 8! So, looks like I'll be going to a different body shop that's Tesla approved.

Hoping this does not turn into a 4 months ordeal to get my car fixed. What a headache..

I've worked with Kemper, they are HORRIBLE. They will try to push you around and say stuff like "Our contract states we do not pay for new or OEM parts" Do not let them do this. You signed NO contract with them. Tell them you want OEM parts only and fight them. If you want a diminished value claim, they WILL deny it and you WILL have to fight for it. It took me 4 months to get a 2500 dollar claim paid out from them. Kemper is insurance for people with crappy driving records.

P.S. I work with insurance daily for home claims, so I know the processes. You have no contract with them and are due to be put back to whole. You had OEM parts before, you want them replaced with OEM parts. If they try to push junkyard parts, tell them you want to inspect them before they are installed. Do not listen to them when they tell you no. You had a perfect condition vehicle before, you want it perfect condition after. Also I would definitely push for a hit and run charge with the police. Go file a complaint in person at your local department

 

[Tezla1]

If your insurance opened a claim with the other insurance, then there shouldn't be anything for YOU to do with the other insurance. Make your insurance company do what you are paying them to do. The only reason for you to work with the other company is if you don't want to put a claim in with your insurance because the damage is less than your deductible, or if you need to get compensation that is not covered under your insurance policy like a pain and suffering settlement.

Remember, the other insurance company is not looking out for you, that is why you have your own insurance.

If I file a claim through my insurance , I have to pay $1,000 deductible. My insurance said they would go after the other guys insurance to get reimbursed etc, BUT, there is no guarantee I get my deductible back / and if I do, it could take 4-5 months to get my $1,000 back.

If I go through his insurance , I do not pay any $ out of pocket.

His insurance company called me back yesterday - they were pretty unprofessional lol - the lady told me , “oh, you have a Tesla, I don’t think we have enough money to fix that, it’s over our limit “. Lmao

Looks like I’ll end up paying $1k to my insurance and hope to get it back someday

 

[Trekker_]

If I file a claim through my insurance , I have to pay $1,000 deductible. My insurance said they would go after the other guys insurance to get reimbursed etc, BUT, there is no guarantee I get my deductible back / and if I do, it could take 4-5 months to get my $1,000 back.

If I go through his insurance , I do not pay any $ out of pocket.

His insurance company called me back yesterday - they were pretty unprofessional lol - the lady told me , “oh, you have a Tesla, I don’t think we have enough money to fix that, it’s over our limit “. Lmao

Looks like I’ll end up paying $1k to my insurance and hope to get it back someday

You will get your deductible back, california requires your full coverage insurance to waive deductible for non-fault, hit and run, or under insurance drivers. If their insurance is not up to snuff, your insurance will have to waive your deductible. Whether it gets paid by the other insurance or waived, you'll be fine. Yes, Kemper insurance is horrid, and their adjusters are extremely rude and WILL ignore you when you push back against them. If they try to dictate where you must go, (they will), report them to the California insurance commissioner, that is completely illegal

 

[SageBrush]

His insurance company called me back yesterday - they were pretty unprofessional lol - the lady told me , “oh, you have a Tesla, I don’t think we have enough money to fix that, it’s over our limit “

I'm not surprised. Do you understand her remark ? She was saying that the driver bought an insurance policy with a low liability limit. If that turns out to be the case (meaning the cost of repairs, etc is greater than the insurance company liability), one or more of the following will happen:

• Your insurance will pay the difference if you have UM/UIM in your policy, up to the limit you bought. So far as I know, your insurance company will not pay a claim for diminished value
• You go after the driver in court for the difference
• You pay the difference

 

[Tezla1]

Seems like the easy thing to do is just go through my own insurance company, Progressive

It looks like I will get my $1k back at some point, so why even bother with Kemper? Right?

I have 100/300/100 and coverage for UM and UIM etc , full coverage

 

[SageBrush]

and coverage for UM and UIM etc , full coverage

"full coverage" is irrelevant. Your questions to each insurance company should first clarify liability limits.

If you are feeling brave and manipulative, file a criminal complaint. It will be your best leverage to convince the other driver to pay whatever costs are not covered by either insurance.

 

[Trekker_]

"full coverage" is irrelevant. Your questions to each insurance company should first clarify liability limits.

If you are feeling brave and manipulative, file a criminal complaint. It will be your best leverage to convince the other driver to pay whatever costs are not covered by either insurance.

Not worth it in california. Insurance is required to waive deductible if driver that hits you is under insured or un-insured. They should still file charges for hit and run, but the leverage doesn't matter

 

[SageBrush]

Not worth it in california. Insurance is required to waive deductible if driver that hits you is under insured or un-insured. They should still file charges for hit and run, but the leverage doesn't matter

Diminished value claim

 

[Trekker_]

Diminished value claim

I have dealt with Kemper, they are not going to pay a dimished value. I argued for months with them, provided diminished value quotes, reported them to the insurance commissioner, went through the investigations.... You have to sue if you want it

 

[SageBrush]

I have dealt with Kemper, they are not going to pay a dimished value.

That was my point, although from the POV of Kemper having reached its liability within the cost of repair. OP will have to go after the other driver if he wants to pursue that claim, and the criminal charge can be leverage.

I don't have an opinion whether that course should be pursued; I'm only pointing out that it exists.

 

[Watts_Up]

I had just entered a parking lot and saw this SUV shoot out of a parking aisle and almost hit the car in front of me.

Seconds later, he veers head on towards my car , I hit the car horn about 3 seconds before he hits me, he didn't even make an attempt to stop.

I got phone number of a witness standing 10 feet away, who saw the whole thing.

This is in state of CA. Police said they can't do anything basically lol. What do you think will happen?

I would recommend getting a medical exam, with your doctor or to an emergency hospital,
and open a medical case with your car insurance lawyer. You might not fell immediate symptoms,
but you might feel some pain later on, also source of insomnia following this incident should be
reported. Opening a medical case might have also an effect the other driver insurance policy.

 

[lolachampcar]

I spoke to Police officer today, he came over the house.

He asked if I want to pursue it as a criminal case or just incident report.

What should I do?

He said, for a criminal case - I would have to act as a “victim of a crime” and then file charges vs driver for him to have any real consequences for misdemeanor - likely a slap on the wrist is small fine. For this, I would need to go to court etc.

Or, I can file a simple incident report and nothing happens (legally) to the guy who hit n ran - his insurance will still payout due to my video - bc MY insurance will use it as evidence to push for reimbursement to them.


While I do want justice, I’m also scared this driver may find out my name/address and try to potentially harm my family - in the event I pursue this in court. the guy looked a bit rough and the area this happened in is not a good neighborhood. Plus, do I want to risk my family’s safety for $200 fine? Lol

What do you guys think?

A driver pulls out of a Publix onto a Main Street and hits the side of my wife's car as she drives by.

The other driver was ticketed for the accident - Failure to yield at a stop sign resulting in an accident

The other driver then claims to her insurance that my wife hit her. State Farm goes along with this fantasy.

Over four years and a hundred thousand dollars later, State Farm pays for the accident damage and our legal fees (but not the thousand hours I put into the process).



What it comes down to for me is what you believe in for a society and what you are willing to do in maintenance of that belief. In thermodynamics the concept of entropy is (partially) any system left unattended will deteriorate to its lowest form of energy. I could have just let the insurance companies sort it and they would probably have done a 90/10 compromise that let both companies raise rates. That would let State Farm and the other driver benefit from a lie. Doing that is like allowing people to walk away from, or short sell, a rental they bought before the financial collapse. Sooner or later the problem metastasizes to the point where normal activity can no longer support the rot and the structure collapses.

It really does come down to what each one of us does about just these types of situations. It is easier to just let the insurance companies sort it.

 

[Sam1]

His insurance company called me back yesterday - they were pretty unprofessional lol - the lady told me , “oh, you have a Tesla, I don’t think we have enough money to fix that, it’s over our limit “. Lmao

Let them know you are sorry for the inconvenience, and that a few of the employees there are going to lose their christmas bonuses this year to help pay for your car.

 

[VT_EE]

If I file a claim through my insurance , I have to pay $1,000 deductible. My insurance said they would go after the other guys insurance to get reimbursed etc, BUT, there is no guarantee I get my deductible back / and if I do, it could take 4-5 months to get my $1,000 back.

If I go through his insurance , I do not pay any $ out of pocket.

His insurance company called me back yesterday - they were pretty unprofessional lol - the lady told me , “oh, you have a Tesla, I don’t think we have enough money to fix that, it’s over our limit “. Lmao

Looks like I’ll end up paying $1k to my insurance and hope to get it back someday

I went through my insurance, Geico, and they advanced me the deductible once the other guy’s insurance accepted responsibility (was on video so no issue). I paid nothing out of pocket.

 

[STLUCIE]

I have dealt with Kemper, they are not going to pay a dimished value. I argued for months with them, provided diminished value quotes, reported them to the insurance commissioner, went through the investigations.... You have to sue if you want it

Regarding auto diminished value, not that it applies in this case, sometimes it is the quality of the evidence you provide proving the existence and approximate amount of diminished value. Of course, the first claim examiner you speak to has his or her marching orders, deny, deny, deny. It is after you have escalated your claim to a supervisor- or maybe that supervisor's supervisor, that they start to pay attention. If your appraiser did his job, the insurer won't want to risk the additional expense of sending an attorney to court to fight a losing battle..