I would file a criminal complaint for the sole fact that it creates an undeniable paper trail of liability when the person is convicted. Their insurance will not be able to avoid paying out and any future hidden issues related to the accident would be harder to dispute.
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Got Hit n Run in Parking Lot - TeslaCam caught it!
- Thread starter Tezla1
- Start date
thesmokingman
Active Member
If you had filed a criminal case, fault would have been a no brainer.
In the state of CA - the Police do not get involved in determining fault.
The insurance companies/lawyers are left to figure it out.
I'm originally from Georgia, where the Police DO assign fault and the insurance companies go by what Police says.
In CA, it is not that way.
In my case, I have video of guy driving into me + witness at the scene. My insurance guy says it should be an open / shut case for the other party to accept liability. But, u never know I guess.
If they do not accept liability, I still have the option to pursue criminal action / civil action vs the at-fault driver.
thesmokingman
Active Member
What I mean is, once the guy gets found guilty for criminal hit n run... cuz that case is a slam dunk. Instead, you have to wait for him/insurance to play the blame game. Btw, I don't think the point of cops not assigning blame is correct, I believe under like 500 dmg they don't get involved but that doesn't change the fact that its still a hit n run.
**Lmao this just reminded me of a time a cube truck drove into my parked Subaru. We exchanged info, cube truck driver was clearly at fault. A week later I find there's a CHP camped outside my house and he pulls me over right in front of my house as I'm taking my kids to school. It turns out the ahole cube truck driver claimed I did a hit n run. I spoke with the cop and asked why he took the word of a suspended licensed truck driver? Yea the driver's license was suspended. He inspected my car and it was clear that I was driven over and not the other way around.
Anyways, regardless of anything file a report, criminal one or not. Don't expect decency from the guy who hit n run on you man!
And yes, even after the cop pulling me over, the other side still tried to get out of it. It took my insurer months to get paid back. I even had the other side's insurer try and contact me to do weasel *sugar* to try and get out of it.
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There's no reason to even stress about this. You have the video that clearly shows the guy not paying attention. Your insurance company will get it fixed and they will pursue the other insurance company or that guy personally through court to recoup their losses.
But, as I said before, the guy is going to have your information no matter if you want it to happen or not. I would have personally filed a police report for hit and run, and then you would have that against the guy as well. Not sure why people are afraid of other people, but we're all different I guess.
Never knew that about California cops not assigning fault at an accident, I thought everyone did that because all 4 states I've lived in do it, usually on-scene. Reason 346 for me to not live in CA I guess.
And this is a perfect example of why you file a police report from the start. The potential always exists for the other person to go file a report against you, and tell their version of the story first.
thesmokingman
Active Member
This happened like a decade ago so I'm remembering more things as I recall the events. The CHP officer said that it did look suspicious but the case was filed and he had to investigate it. If I had run, lol how did I know the cube truck driver's license was suspended? And why did this ahole have driver's rights like he can still file cases against ppl when he shouldn't be on the freaking road. Cop looks at me like yea, sorry. He was really sorry to scare us and my toddlers, like wtf man!
Hit and run is serious business. At least have the decency to stay on scene and resolve it like a reasonable adult. I would pursue criminal charges to formalize liability for the incident.
boriszima
Member
Good luck. Sucks that insurance said you have to work with that insurance, i thought thats part of their job to look out for you as a client. While this is hit and run, criminal? nobody got hurt this time, but is he willing to do it again with something more serious? should he be thought a lesson? Glad you are ok and i guess be prepared to wait a while until your car gets fixed. Ever had that Corinas pizza? I often visit Ontario, CA a lot of huge warehouses there.
Uh…no. Your insurance needs to do THEIR JOB. They handle this crap for you. THEY collect from the OTHER GUY’s insurance company.
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.
Taxvictim
Member
If you file the criminal complaint, the guy will plead guilty because it's all on video. You will probably never have to testify. He fled the scene because he was either drunk or on drugs, or had something in the car that he didn't want to explain to the cops. He would probably be much happier just paying a fine.
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Go to a good body shop and you'll be made whole. You're going to be just fine.
We've had some body shop issues in the past. They're extremely frustrating but you'll be okay.
We've had some body shop issues in the past. They're extremely frustrating but you'll be okay.
Someone backed in my my 3 a couple weeks ago while it was parked at a mall then drove off. A few weeks earlier I had disabled sentry by default, so no video (100% my fault - it's back on automatically now). Anyhow, my wife had gone out to get sandwiches and when she came out there was a witness telling her what had happened, they wrote down the person's license plate # (thankfully). The car is in the shop now waiting to get a new rear bumper cover and a backup sensor.
Kudos to the Temecula Sheriffs Office for calling us back within 3 hours of making the report. They had contacted the fleeing driver, she admitted fault and provided her insurance info.
I'm obviously not happy that any of this happened - the accident, the hit-n-run, the lack of interest of the police to pursue anything punitive, the ensuing insurance procedures and wait time and rental car ewww factor. But I've also chosen to focus on the good stuff. The family and car are fine (well, the car WILL BE fine), the person ultimately accepted responsibility (reluctantly, I'm sure), a witness stepped up to help - and we gave him a nice gift basket as a thank you, my teenage kids got to see that you can't get away with hit-n-run (free parenting lesson), and hey, I just signed off of work for a week or more - time for a much needed vacation!
The way I see it, the lady that hit my car was taught a lesson. She did something stupid and got caught. Either she's going to learn from this mistake, or she's not. Jail time or a fine won't change that, it'll just make her more bitter or angry. I'd rather she simply learn that you can't run away from your mistakes and move on with life.
Kudos to the Temecula Sheriffs Office for calling us back within 3 hours of making the report. They had contacted the fleeing driver, she admitted fault and provided her insurance info.
I'm obviously not happy that any of this happened - the accident, the hit-n-run, the lack of interest of the police to pursue anything punitive, the ensuing insurance procedures and wait time and rental car ewww factor. But I've also chosen to focus on the good stuff. The family and car are fine (well, the car WILL BE fine), the person ultimately accepted responsibility (reluctantly, I'm sure), a witness stepped up to help - and we gave him a nice gift basket as a thank you, my teenage kids got to see that you can't get away with hit-n-run (free parenting lesson), and hey, I just signed off of work for a week or more - time for a much needed vacation!
The way I see it, the lady that hit my car was taught a lesson. She did something stupid and got caught. Either she's going to learn from this mistake, or she's not. Jail time or a fine won't change that, it'll just make her more bitter or angry. I'd rather she simply learn that you can't run away from your mistakes and move on with life.
SageBrush
REJECT Fascism
IIRC, a diminished value claim is pursued directly with the other insurance company
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LJG0053
Watching the Plaid go by
Not sure how it works in your state but if you have collision coverage in your policy, your insurance should take care of the repair & then go after his insurance co. for reimbursement. Naturally less your deductible which you should get back when your insurance co. settles the claim.
Don't let your agent put the monkey on your back.
Don't let your agent put the monkey on your back.
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