hit & run

[randomwalk101]

I was travelling on Dairy Ashford in my truck and on the LEFT lane (two lanes street) beside a Honda civic. There was a car stopped in the right lane (Honda Civic's lane) fixing their blown out tire. So the lady in the Civic decided to change lane into my lane and hit me on the right passenger side. While waiting for Sugarland PD, a tow truck came by and asked us to move over to a parking lot to clear out of traffic. I did that and the tow truck followed me. The lady in the Civic just took off. Luckily I took bunch of pictures of her car, the accident scenary, and also took a video of the overall accident scene. Sugarland police came by and took my statement, the tow truck's guy statement and gave me a case #. That's it...

So now what? How do i find this lady to get her insurance info etc to pay for the damage?

[highpsiguy]

I got rear ended about a year ago. Had my digital camera on the dash. First thing I did was get out and take pic of tag. Then I took several pics of scene from all angles. Turns out the car that rear ended me was rear ended itself which pushed them into me. Poor guys were ticketed for following too closely- we were both sitting at light! The girl behind us that plowed into them was really moving when she hit. Their insurance wanted to give me 200 bucks and fix my truck. I had whiplash and had severe headaches and neck trauma. * I always thought that whiplash was bs...its not!*

When I went and blew up all my photos to 8x10 and mailed it to insurance company I was able to negotiate over $3000.00 for pain and suffering. The guys behind me all had to go to hospital, I wish I had taken pics of them being loaded into ambulance- probably could have gotten $10 grand then....

If you dont have pic of her tag, I would say you are S O L. Hopefully, you have uninsured motorist or something on your own insurance that will cover repair. If not, people tend to be creatures of habit. She probably ran because she didnt have insurance. If thats the case then she probably doesnt have another ride. Give it a week and then start staking out that spot about the same time of day. *motorcycles are great for that*

Of course, only prob with that is if she doesnt have insurance then she doesnt have money, so you would probably be wasting your time. If you have the time though I would try to catch her. BTW The cops really dont care. If you expect them to you will be disappointed.

[FrugalNinja250]

Originally Posted by randomwalk101

I was travelling on Dairy Ashford in my truck and on the RIGHT lane (two lanes street) beside a Honda civic. There was a car stopped in the left lane (Honda Civic's lane) fixing their blown out tire. So the lady in the Civic decided to change lane into my lane and hit me on the right passenger side. While waiting for Sugarland PD, a tow truck came by and asked us to move over to a parking lot to clear out of traffic. I did that and the tow truck followed me. The lady in the Civic just took off. Luckily I took bunch of pictures of her car, the accident scenary, and also took a video of the overall accident scene. Sugarland police came by and took my statement, the tow truck's guy statement and gave me a case #. That's it...

So now what? How do i find this lady to get her insurance info etc to pay for the damage?

If you were in the right lane and she was in the left, how did she hit you in the right passenger side?

As to insurance, she committed a felony so the police are going to work extra hard to find her. However, once found, it may turn out that she doesn't have insurance (probably why she ran) or she's got warrants out and will be arrested and put in jail (no job income) or she's not even a legal citizen (happens here all the time). The result may be that you'll be forced to take her to civil court and go after whatever assets she has, such as the car (if it's hers to lose, that is). I'm assuming you only had liability insurance?

If it turns out she has no insurance or assets and limited income potential you're probably looking at unrecoverable losses on your part. I'd still get a judgement against her in civil court, those never expire and will allow you to pursue her assets for as long as she may live.

Good luck, and remember, losers depend on complacency and lack of persistence to get what they seek: A free ride. Don't let her get a free ride.

[want1sobad]

damn john that sucks - especially after all the work you put into your bike. hope everything works out in your favor - glad you're ok.

[Apex]

You drive down Dairy Ashford? Man that road sucks.

Sucks also to hear what happened. As long as you got her tag in one of your pictures, you should be ok. You could always take her to court. The tow driver will vouch that she was the lady that took off. Just pursue charges. If you have the tag, I think you can get her info yourself and then pursue it with a PI or lawyer.

Originally Posted by my brain

Mental note, also take a pic of the driver.

I don't know, I'm not fluent in this stuff.

[randomwalk101]

Sorry guys...to clear things up a little...I was just got home from that accident and was a little out of it...

She was in the RIGHT lane and a broken down car was in the RIGHT lane in front of her. I was parallel with her in the LEFT lane. She changed into my lane and hit me on the right side (passenger side).

[randomwalk101]

I took pic of her car, the overall pictures of layouts, video etc on my Iphone. She is in the pictures..I'm going to email them to the officer who do the report.

I can post it on here but not sure about the legality of all this so I'm going to hold off until Alex or someone can chime in...

She was waiting for the cops (about 5 mins) until the Tow truck guy came in and tell us to move to the parking lot. While all this, she was on the phone with her daughter or something.. Right before we started moving, the SUV (which I presume was her relative) pulled up and talked to her something then she just took off while we pulled over into the parking lot. The tow truck guy tried to go after and look for them but they were gone.

Yes, I have pic of her car, which clearly shows the plate # and pic of her in one of the picture. An Indian ethnic lady....

damn it...this blows.

Vince: I was in the truck...not the bike...thank God...otherwise i would have been hurt big time.

[randomwalk101]

Fail to exchange info before leaving the scene (but stopped first) of accident is a misdemeanor...confirmed by HPD

[Havok]

Be glad it happened on a public road as the cops can go after her. If it happens on private property they can't do **** about it.

[randomwalk101]

they caught her...she said she couldn't see where we were and went home..really??? The parking lot is like 5 feet from where we stop and there is no tree/blockage of any kind.. Anyways, she has insurance with All-State and she will be responsible for the damage.

Finally some good news...not that I like accident or a dented car but good news out of bad nevertheless..

Thanks all.

[want1sobad]

glad to hear you weren't on the bike and that everything is working out.

[highpsiguy]

GOT HER! GOOD!!! 5 bucks says her last name is Patel.

[bigrodge8]

Find her and execute her children in front of her!!!!!!

[randomwalk101]

damn it..so apparently the saga isn't done yet. Sugarland PD came to her and got she gave a bogus them All-state road side assistance as insurance #, a false/non-existence policy #, a name that is NOT insured in all-state...and apparently they (SPD) was happy with that. WTF???

[FrugalNinja250]

Looks like you're headed to civil court. Make sure you document everything, every single word and event. Ask the police if they've issued her a citation for no insurance (insurance is mandatory in your state, right?), and make sure you get all of her contact information from the police. This process can take more than a year and require what seems like an inordinate amount of persistence on your part. If you stick to it you'll get something back, and more importantly she won't get away with it and feel like it's ok to do it to the next person too.

[addy126]

Originally Posted by randomwalk101

damn it..so apparently the saga isn't done yet. Sugarland PD came to her and got she gave a bogus them All-state road side assistance as insurance #, a false/non-existence policy #, a name that is NOT insured in all-state...and apparently they (SPD) was happy with that. WTF???

Isn't providing false identity, etc., a crime as well? The hole she digs is getting deeper by the day. U may find her husband owning the local 7-Eleven franchise... so they should be flush with cash to just pay damages out of pocket.... but then again...........who knows.

[randomwalk101]

Originally Posted by DaBlue1

What if she was a Caucasian ethnic lady?

Jesus man.. I didn't mean it to be racial. I was just giving a description of the lady. She's Indian and she hit my car...if the blue lady hit my car, I would say "blue" lady...

[randomwalk101]

Okay, Thanks to a friend here, I got her address. Do you think I should show up at her resident asking for the "correct" insurance information or is this too dangerous and I should get the police involved?
I'm not even sure if the police will be interested in this case at all....and at this point, it seemed to me that doing the wrong thing is getting away with it and those who do the right thing are being punished.

[addy126]

Originally Posted by drsketch

In the time we live in, I would get the police involved, and also get your insurance company involved. They will investigate for you and probably get you in a rental today depending on what coverage you have

I agree with Sketch. Give the info to your insurance company plus the photos. They can work on your behalf, take your statement, submit no fault and go after her... that way you won't get shot at their door. "Castle Law" in this state, be careful..... U don't want to get skewered with their ceremonial sword.

[FrugalNinja250]

I just talked to a Texas police officer friend of mine. He tells me that she could be arrested for leaving the scene, and that his department (large Texas city) routinely does make full arrests with transport to jail for this type of crime. It is a misdemeanor, but not the same as a simple traffic ticket. The providing false information is a little more iffy because technically the officer was only acting as an information collector for you, but if she'd filled out an accident report with that false info that's be a definite trip downtown since accident reports are legal documents.

If you only have liability your insurance co will not go to bat for you unless she sues you (which she may try); Full coverage with underinsured would work in your favor for you. (Given the number of uninsured illegals on the roads in Texas I'm surprised that this kind of coverage isn't mandatory.)

At a minimum, the police should issue her a citation for failure to have liability insurance and a citation at least (preferred arrest) for leaving the scene of the accident. You may have to contact a sergeant or lieutenant at the PD to see about prompting them to get this done. Try explaining to them that you're going to have to take her to civil court and giving her the tickets she's owed for the crimes she committed will help your case.

I wish you luck, it's going to be a tough road. Hopefully she doesn't skip town. The tickets will help keep that from happening IMHO.

[randomwalk101]

THanks for the advice all....

I know reporting it to my insurance and they will fix my car and baby me all the way...*but* they will increase my insurance rate and this is what I am hesistant to do..so I'm trying to confirm/clarify if the lady has insurance at all. If she does, then I rather use her insurance instead. Yes I confirmed with the agent...they will increase my insurance if I file a claim (with my insurance) regardless. The rate will be MORE if it's my fault...less if it's the other party's fault (uninsured/under-insured...doesn't matter).
Yes, the officer told me that she left the scene of accident because she "can't find the parking lot" that we pulled in...which I assure you it's 5 feet away without any obstruction and in clear/plain view...but hey when you need an excuse you can say anything right?

Yes, it's a misdemeanor but since she gave that excuse she wasn't arrested/charged or anything. I don't think she even get a ticket for hitting me. I think if she were at the scene she would get a ticket but this is after the fact and it seemed like the officer has "cooled" down or forgot about that ticketing part (but really who knows)...As of this point, it seemed it's "better" to just goddamn run if you got into an accident (my case...but you shouldn't).
Also in my case, if they (Sugarland police) show up and ask for your insurance, you can just give them your mother's birthday and they would be happy...do they even VERIFY if the info is correct/current?

anyways, I can't do their job..I can't change what they do....I don't want to claim my insurance cuz they'll a$$ rape me later with rate hike...but if she doesn't have insurance they I'll claim my insurance and be done (last resort)...

So my ultimate question is: should I knock on her door and ask for it (and may be get shot at) or get the cops to get it. Will they even do it or are they obligated to get this info for you (me) ??

[highpsiguy]

How much is the estimate for repairs? Is your vehicle operable as is? I am thinking that your insurance guy can tell you NOW how much it will go up LATER. I would want to know these numbers B4 I made any decisions.

[randomwalk101]

haven't gotten estimate yet...prob around $1500 to 2000.

Rate increase is determine by Corporate..not agents...so nobody will know.

[highpsiguy]

Ok 1500- 2000 dollars.

Your life is worth what?.......

Your freedom is worth what?

ie; Officer he was stalking me. Officer he groped me. Officer he hit me. Officer he threatened me. Officer I am scared for my life.....PLEASE make this bad man go away.

A good lawyer for pre-trail...Here in GA $750 bucks EACH time. Thats just to see if there is enough to go to court.

Have you ever won an arguement with a woman...ever...? I mean even if u did short term you lost BIG long term.

Biggest lesson I have learned in 41 years on this earth.. "Right is irrelovant" it sux but its true.

Handle it with cops on the phone. Turn it in on your insurance and walk away.

[highpsiguy]

She cannot do wrong and get away with it. She will have to pay one way or another. Life misses nobody.

You may not see how she has to pay, but regardless she will. Give up on the idea of making her accountable. It will be a time wasted, gut wrenching effort. Let it go. Yes you are RIGHT. SO WHAT.

Sorry man, just do right and I assure you, you will come out ahead in long run.

[FrugalNinja250]

Originally Posted by randomwalk101

THanks for the advice all....

I know reporting it to my insurance and they will fix my car and baby me all the way...*but* they will increase my insurance rate and this is what I am hesistant to do..so I'm trying to confirm/clarify if the lady has insurance at all. If she does, then I rather use her insurance instead. Yes I confirmed with the agent...they will increase my insurance if I file a claim (with my insurance) regardless. The rate will be MORE if it's my fault...less if it's the other party's fault (uninsured/under-insured...doesn't matter).
Yes, the officer told me that she left the scene of accident because she "can't find the parking lot" that we pulled in...which I assure you it's 5 feet away without any obstruction and in clear/plain view...but hey when you need an excuse you can say anything right?

Yes, it's a misdemeanor but since she gave that excuse she wasn't arrested/charged or anything. I don't think she even get a ticket for hitting me. I think if she were at the scene she would get a ticket but this is after the fact and it seemed like the officer has "cooled" down or forgot about that ticketing part (but really who knows)...As of this point, it seemed it's "better" to just goddamn run if you got into an accident (my case...but you shouldn't).
Also in my case, if they (Sugarland police) show up and ask for your insurance, you can just give them your mother's birthday and they would be happy...do they even VERIFY if the info is correct/current?

anyways, I can't do their job..I can't change what they do....I don't want to claim my insurance cuz they'll a$$ rape me later with rate hike...but if she doesn't have insurance they I'll claim my insurance and be done (last resort)...

So my ultimate question is: should I knock on her door and ask for it (and may be get shot at) or get the cops to get it. Will they even do it or are they obligated to get this info for you (me) ??

Go ahead and ask that citations be issued to her. Get the officer's badge number and name, make notes of the fact that the PD is refusing to cite her and ask him why, and put that in your notes too. Did you get pictures showing where the parking lot was? Call the tow truck driver immediately and get him to remember what he saw, write it down. Oh, always time and date every note, no matter how trivial. You need to get her driver's license number because that can be used to get all the rest of her info.

Yes, you have the absolute right to pursue her for damages. The amount is under $5k so this is an easy slam-dunk small claims court case. This case is so clear that you won't need a lawyer. It's likely she'll blow it off, that gives you a summary judgment, a piece of paper that gives you the absolute legal right to show up at her door with a constable (armed) at your back to collect either money or assets, or both. Do NOT go over there before then, or she could easily SWAT you, call the police and claim you threatened her. The police would automatically believe her and haul you off to jail, then you'd be in a world of hurt. Get the judgment, get the constable, then get her money/assets.

I helped another friend out through something like this. Woman's son was driving her car without authorization, and she had no insurance on it. The kid hit my friend, doing several thousand dollars damage. After months of broken promises to pay she basically told him to get stuffed, that she was never going to have the money to pay him. He went to court, got a summary judgment, and told her that he was coming over to clean out their house, with a police officer at his back.

She had the money in less than an hour.

Took him right at a year, but months of that was before deciding to get down to business and going to court.

As to your insurance co, that doesn't sound right that they would raise your rates from an accident that you are not at fault for. I'd ask to get your agent to put it in writing that raising your rates would result from this claim, then contact the Texas Department of Insurance, http://www.tdi.state.tx.us/ and see what they say.

Remember, if it isn't in writing with date and time, then it doesn't count for squat even in small claims court. Memories fade with time, so witness statements such as the tow driver's need to be captured now, not later. Ask local businesses in that location if any to see if there are more witnesses. If there are skid marks get pictures now before they fade away. Even if you decide not to pursue anything now get the info together so that if you change your mind later you'll have the info to actually proceed.

Edit to add: It's very probable that just getting this info together and letting her know you're doing it will cause her to cough up the money up front. People like her like to push, but fold up quickly when their victims push back. I would even bet that she has a history of doing this to other victims.

[Alex]

Great, usable, spot-on advice, Frugal.

[randomwalk101]

Frugal,

Thanks for the advices..great advices.
Thing is I need to know if she has insurance or just "ghost" insurance. If she has insurance, I claim her insurance and it's done. If she doesn't then all that you said....(or just claim my insurance and be done...more likely just claim mine).
Problem is I have no way of asking her...contacting her...I just have an address that I ran off the plate. I don't haev a phone # to call..and the damn SPD refuses to return my call regarding this issue. So much for tax money...
yeah but prob wont' come to her door step...a friend of mine also recommend against that.

[DaBlue1]

Depending on where you live some states have victim advocacy programs for victims of crimes. They may or may not be able to help you in certain hit & run cases, but it's worth a shot if you can't afford an attorney. When I had my car stolen some years back I was contacted by a victim's advocacy group in my city. My car was found within 48 hrs in another state parked in an apt. complex parking lot. The guy at the impound lot said when he got my car their was a car seat sitting outside of the car. (which was not mine). All the cop had to do was wait to see who came to claim the car seat and make an arrest, but he did not, no prints either. They probably would have found my car paper work, cd player, cd's, tools, clothes and personalized Bible had they looked hard enough. I'm guessing grand theft auto was too much paper work. Did I mention the damage? Just the busted door lock and ignition was $700 bucks. The cosmetic damage to the front and rear bumper was est. $3400.00. Had I pursued the issue I could have gotten some relief from the victims group, but somebody needed it more than me.

[Alex]

Of course she doesn't have valid insurance, if she did it would have been provided immediately. Whatever course of action you choose, you can safely go with that assumption and proceed accordingly.

[plutonium]

Since she obviously does not have insurance, I suggest filing a hit and run and falsification of insurance police report (or add details to the one you filed) if you haven't already. Take the car to a shop to get an estimate. Get a lawyer to sue her for the damage cost + attorney fees. Do you have the tow truck driver's contact information? He can be your witness - a picture of the car and license plate may not be enough for evidence. Having a witness should increase your chance of winning the case. My boyfriend had helped his friend on a similar case and he said it should be a straight forward process.

If you decide to bite the bullet and file an insurance claim, the increase shouldn't be too much (but I could be totally wrong). If you don't want to take a chance and if the damange repair cost is not too much more than your deductible, it might make sense to just pay everything out of pocket. My 2 cents is paying for a lawyer and have a chance of getting all of your money back is better than dealing with insurance / paying everything yourself.

[randomwalk101]

A positive update. Officer contacted her again and thus time she coughed up a real policy #. Oddly the car is reg under a totally diff name. Anyways I filed with their insurance and I guess itll take them a few days to investigate. Hope everything will be okay now. Finger crossed.

[Blackwidow]

Originally Posted by highpsiguy

5 bucks says her last name is Patel.

Originally Posted by addy126

U may find her husband owning the local 7-Eleven franchise... so they should be flush with cash to just pay damages out of pocket.... but then again...........who knows.

wow, talk about sterotyping.

[CZroe]

Originally Posted by Blackwidow

wow, talk about sterotyping.

And both from GA. Nothing negative about GA, I lived my whole life there until recently and I'll be back there some day soon. FWIW, I don't see anything wrong with betting on the likelyhood of someone having a certain name common to that ethnicity.

[Nemesis]

Originally Posted by CZroe

And both from GA. Nothing negative about GA, I lived my whole life there until recently and I'll be back there some day soon. FWIW, I don't see anything wrong with betting on the likelyhood of someone having a certain name common to that ethnicity.

Racist.


And I'm not surprised because GA practices racism like times haven't changed, and like it's legal. This all according to the people I've interviewed who lived there during my business trip a few years ago. I honestly couldn't tell the difference but they were all in agreement that it's there.

And the post above is a clear example.

[CZroe]

Originally Posted by Nemesis

Racist.


And I'm not surprised because GA practices racism like times haven't changed, and like it's legal. This all according to the people I've interviewed who lived there during my business trip a few years ago. I honestly couldn't tell the difference but they were all in agreement that it's there.

And the post above is a clear example.

Whatever. I've heard more racist comments from Californians since I've been here than any of the people I knew in all my 30 years in GA.

Is it racist for someone to say "5 bucks says her last name is a variation of 'Smith'" if all we knew about the woman was that she were Caucasian? Eh... Arguably. Most stereotypes have some basis in reality. Not all rednecks are racists, truck and ATV-loving, fishin' and huntin', shotgun-toting, duct-tape mechanics with a southern drawl, but if you fit only a couple of those, you risk being called a redneck... and the person saying that is probably right in the eyes of most non-rednecks.

People forgot what true racism is. The post above mine is proof of that. It has little to do with non-discriminatory predictions (not assumptions) based on ethnicity. Show me some segregated schools and buses in GA if you want to make your silly claim that nothing has changed. I have witnessed one POSSIBLY racist workplace incident in 28 years in GA and I only say so because I honestly believe that the boss woman would not have responded to the guy like that if he were white (argued and sent him home for entering the facility without a badge when he was told to by another employee and it was his first day).

[highpsiguy]

What I said is racist? Give me a break. That is such a ridiculous notion that it really doesn't even deserve a reply. You don't know me or my life experiences that I used to base my comment on. Get real.

So being from Georgia automatically increase my chances that I am a racist? What an idiotic, narrow minded, RACIST idea. I don't care what color your skin is, however I do "prefer" (not require) friends with an IQ in the normal range or above, so do us both a favor and don't send me a friend request.

I did not know internet trolls could ride motorcyles.

[CZroe]

Originally Posted by highpsiguy

What I said is racist? Give me a break. That is such a ridiculous notion that it really doesn't even deserve a reply. You don't know me or my life experiences that I used to base my comment on. Get real.

So being from Georgia automatically increase my chances that I am a racist? What an idiotic, narrow minded, RACIST idea. I don't care what color your skin is, however I do "prefer" (not require) friends with an IQ in the normal range or above, so do us both a favor and don't send me a friend request.

I did not know internet trolls could ride motorcyles.

You should have seen the harassing spam and "friend" requests he gave me when he first signed up on these forums (just look at my profile "deleted" x1, x2, x3, ...). He used a lot of discriminatory slang when talking to me, but it wasn't race-related (he tried to insinuate that I was gay and used lots of hateful language). He got banned shortly after and I believe one more time since then and yet he seems to think he has the moral high-ground on all of us. He seemed to be calming down and contributing but now he's getting confrontational again. Nemesis: NOT COOL. As has been obvious, I am willing to forgive, but I expect the behavior to stop.

Oh, and regarding workplace incidents: I forgot to mention that I have witness two, possibly THREE such incidents since I have been in San Diego, and one was a minority openly discriminating against another.

[c-dog]

Thanks for the posts on your hit & run. I was sweating bullets and getting mad just thinking about it. Then - "What would I do if it were me?" Glad I read this, as I got a lot of good information about what the right way to do it is, and what might get you arrested. Very good stuff to know.

Glad it will (hopefully) be easier for you now with the right info from her, etc.