I was a hit and run victim. I'm wondering what I can sue the woman for.
December 10, 2010 1:14 PM   Subscribe

I got rear ended two days ago. The damage on the rear bumper was minor. Woman in the white Lexus GX470 booked it. My friend and I chased her down going 50mph down the residential streets, pincered her, got her license plate number, and she continued to speed off into a parking lot through a bunch of speed bumps. What can I sue her for? If it helps, I live in the south side of the Bay Area of California, and the SJPD made the report. I haven't gotten a call from their detective yet, so another question is when should I expect a call from him?
posted by RaDeuX to Law & Government (33 answers total)

This post was deleted for the following reason: poster's request -- cortex

 
What can I sue her for?

Why do you want to sue her? Why can't you let your insurance company handle it?
posted by halogen at 1:17 PM on December 10, 2010 [10 favorites]


Nothing. She can just say she was never there. So unless you have some CSI forensic evidence, forget it. I speak from experience. I was rear ended, and got the guy's info ( License and insurance, etc.) But when the insurance company investigated he said he was never there, and had no idea how I got that information.
posted by Gungho at 1:17 PM on December 10, 2010


If you aren't injured, no lawyer will touch the case.
posted by anti social order at 1:20 PM on December 10, 2010


Response by poster: @Gungho: Really? It wasn't a hit-and-run and you still couldn't get the insurance company to fix it for you?
posted by RaDeuX at 1:23 PM on December 10, 2010


Is your neck hurting? Unexplained headaches? You might want to make a note of that if its the case...
posted by BobbyDigital at 1:26 PM on December 10, 2010


Response by poster: @BobbyDigital: No injuries. The damage is minor. I'm just pissed because she told me she'd pull over, but decided to drive off with a pompous "You're not worth my time, kiddo" type of look on her face.

@Burhanistan: I do want justice to be served. She even had the nerve to flip off my friends when they pincered her to get her license plate number. The estimate will depend on whether or not the bodyshop will want to replace the entire bumper. If it's patch work, it's around $200. If they decide to install a new bumper, it's around $500 (OEM rear bumper is around $180).
posted by RaDeuX at 1:31 PM on December 10, 2010


My friend and I chased her down going 50mph down the residential streets, pincered her...

You meant to write "how should I prepare for being sued", right? Better be careful not to mention that to anyone. And maybe think about getting the post anonymized / deleted?
posted by Perplexity at 1:31 PM on December 10, 2010 [3 favorites]


Response by poster: @Perplexity: Well what were we supposed to do? If we didn't get her license plate number I would have been screwed.
posted by RaDeuX at 1:35 PM on December 10, 2010


Um, your insurance will try to collect. But outside of them handling the damage, what the hell are you going to charge her with? Being a dick?
posted by Anonymous at 1:37 PM on December 10, 2010


RaDeuX: “My friend and I chased her down going 50mph down the residential streets, pincered her, got her license plate number, and she continued to speed off into a parking lot through a bunch of speed bumps.”

Please be clear on this: what you did was illegal. It does not matter what she did; you are not a police officer, so chasing someone down on residential streets at 50 mph and "pincering" her (which I presume means blocking her so that she is forced to slow down) is illegal. This is what's known as "taking the law into your own hands." You are not supposed to do this.

This is how the law works. The fact that someone else committed a crime does not mean that you are suddenly given a free pass to commit a crime in response. Illegal is illegal. What she did sounds like it might have been illegal. What you did was certainly illegal.

Needless to say: you can't sue her for anything. You should hope she doesn't report you to the police. I'm sorry, but you're not supposed to chase people down and corner them in your car, even if they did something wrong. That's not how a sane or civilized society works.
posted by koeselitz at 1:38 PM on December 10, 2010 [15 favorites]


pincered

What does this mean? Google define returns no results
posted by I am the Walrus at 1:38 PM on December 10, 2010


You can contact your insurance company. Without injuries and with only minor damage to your car, you can't sue her for anything. But you might want to consider what you're going to do if she sues you or contacts the police, which -- by recklessly chasing her through a residential area and "pincering" her -- you gave her grounds to do.
posted by scody at 1:43 PM on December 10, 2010 [1 favorite]


What can I sue her for?

The literal answer to this question, depending on the state you live in, is going to be something like "trespass to property" or "negligence per se". But the technical tort theory that your lawyer chooses to sue on basically changes nothing (or at least nothing that you as the client need to worry about). If you want to sue this person (as opposed to letting your insurance company handle it, which makes much more sense), just go to a lawyer and pay her to handle it.

The fact that someone else committed a crime does not mean that you are suddenly given a free pass to commit a crime in response.

Just for the record, that's not PRECISELY true -- in most states, for instance, you can attack even an innocent person if it's necessary to protect yourself -- but koeselitz's larger point here is absolutely correct: you were the victim of a minor violation, and you responded with a series of more serious and more dangerous crimes.
posted by foursentences at 1:46 PM on December 10, 2010 [3 favorites]


Make finding out her home address your life's work. Make sure of the mailing address, subscribe to 23,890,212 different really ugly porn sites using her name and just for the arts and crafts side of the thing, add in 1000's of subscriptions using the little blow in cards from wacko industrial and gay magazines, print out labels of her address and name, and never stop sending those cards in until you die. Get her on as many mailing lists as possible. Then 6 weeks into it send a note saying how much fun you are having.


Or Drop it
posted by Freedomboy at 2:01 PM on December 10, 2010 [2 favorites]


Emotional distress.
posted by rhizome at 2:34 PM on December 10, 2010


You can't sue her for anything (although your insurance company probably will, if you have full coverage and they have to pay out), but leaving the scene of an accident is a felony in many states.
posted by wierdo at 2:50 PM on December 10, 2010


Here's what you do: call your insurance agent; explain you were hit-and-runned but got the other driver's plate number; disclose that you filed a police report; LEAVE OUT the part about the car chase; and ask them how to handle the situation.

Depending upon your deductible, the insurance company may pick up part of the cost. If the cost to do the repair (and get a legitimate estimate so you know what this is) does not exceed your deductible, your insurance agent will / should recommend that you don't place a claim. Consider also that, if the cost does exceed the deductible but not by much, you might want to consider "eating" the cost if there is any risk that, subsequent to entering a claim, the insurance company is likely to raise your rates, which could cost you more money over the long term.

As to the police, they really don't care as long as there are no significant injuries or significant damage to third party property. Two weeks ago I witnessed an accident, and stuck around for the police to show up to give a witness statement (being such a good citizen and all). The cop had zero interest in talking to me or taking down my contact information. When I discussed this puzzling state of affairs with a retired state trooper of my acquaintance, he explained to me that the rules had changed (at least in my state) with respect to documenting accidents: unlike in the past, all they do is record the information provided by the accident participants and let their insurance companies battle it out. So unless there have been serious injuries, fatalities or third-party property damage, they no longer take witness statements. Put another way, don't hold your breath waiting for the long arm of the law to help you out: they don't have the time, even if they wanted to (which they don't).
posted by cool breeze at 2:52 PM on December 10, 2010


I was a hit and run victim.

Kind of a dramatic way to say a lady dented your bumper.

I haven't gotten a call from their detective yet, so another question is when should I expect a call from him?

When he hasn't got better things to do. My estimate is 2015. Tell him what you did and he'll charge you.
posted by pracowity at 3:03 PM on December 10, 2010 [5 favorites]


You can sue her for litterally anything at all. You will have approx 0% change of winning, and it will cost you money.

Follow everyone elses advice. Report it to your insurance, and move on with your life.
posted by blue_beetle at 3:04 PM on December 10, 2010 [1 favorite]


From Ms. Vegetable:

I work in insurance. A "hit and run" incident will be paid for by your insurance if you have Uninsured/Underinsured Property Damage motorists coverage (check all those papers they send you twice a year to see). If you don't, you are SOL.

In terms of getting reimbursed from her, having her license plate number makes it easier for your insurance company to find her, but you do NOT want to be the person getting involved. However, even if you didn't have her license plate number, your insurance company would still pay you for the damage if you do have the above-mentioned coverage.

Do what cool breeze says. And don't chase another motorist again.
posted by a robot made out of meat at 3:25 PM on December 10, 2010


Just as an FYI in the future, going 50 mph in a neighborhood is never okay, especially not if it's to catch someone who bumped your car and caused minor damage. What if there were kids running around or you'd hit another car driving recklessly? What if a cop saw you? They wouldn't care about the hit-and-run, they'd be more concerned with your reckless driving.

I would maybe just completely drop this and not pursue anything with the cops or the insurance company further, because if the woman tells them what you and your friend did, you could be in trouble.
posted by elpea at 3:29 PM on December 10, 2010 [2 favorites]


Real life situation. Within the last year, I parked my car legally on the street and went into a salon for a bit. Came out and my car looked sort of like it was a bit higher in the tail end and the SUV parked behind my car looked a bit close. Sure enough, my car was hit. And you know what, shit happens. You accidentally kiss a bumper or two when you park, I get it. The fact the driver stayed there, jacking up the rear end of my car with her SUV, royally pissed me off. At least back off. Hell, drive and park somewhere else.

Anyway, I took pictures before I moved the car and then moved the car to see if there was damage. When there was damage, I called the cops who came down and took an observation of the incident, pulled the SUV owner name/insurance and wrote a report that he said my insurance agent could request (I didn't get a copy). He advised to not move the car next time so he could witness the "accident" himself and write that up.

Guess who was a pain in the ass in the insurance claim portion? The SUV lady! My agent pulled the report and went after her insurance, who called her and asked what the hell this claim was about. A screaming SUV lady actually called my agent, claimed she wasn't even in the city at the time, claimed I was making it up and I had no solid proof except my word. Then my agent dropped the "we have a city police report of the incident and several pictures showing you hit our insured's vehicle" and I guess the shut the screaming SUV lady up fast. My agent said if it wasn't for the police report and especially the pictures, I'd have no claim against this other driver. They supposedly handled it through subrogation.

Long story short: You're lucky she didn't call the cops on you because you were absolutely threatening her, even though she did hit and run. You're so not suing anyone. And unfortunately, expect an uphill battle with insurance.
posted by jerseygirl at 3:36 PM on December 10, 2010 [1 favorite]


I do want justice to be served.

The dangerous behavior on your part pretty much evens things up.

I suppose if you'd caused an accident, you would have plead, "but this lady dented my bumper and ran off, and then was a jerk when my friends and I chased her down and threatened her!"
posted by desuetude at 3:48 PM on December 10, 2010


It sounds as if you spoke with the woman before she ran off, since you said "I'm just pissed because she told me she'd pull over." If the woman felt threatened from what you said, or the way you reacted, she may have been justified in driving off. You aren't required to put yourself in a dangerous situation due to an accident.

You can maybe find your state's laws here: http://www.deadlyroads.com/state-laws.html
posted by Roger Dodger at 4:00 PM on December 10, 2010


Emotional distress.

You can't actually sue her for emotional distress. Give her license plate number to your insurer, tell them that she left the scene of the accident and you had to follow her (without telling them all the Zorro shit) and then your insurer will work it out.
posted by Sidhedevil at 4:13 PM on December 10, 2010


Well what were we supposed to do? If we didn't get her license plate number I would have been screwed.

Note that if, as a result of doing this, you'd (say) hit a pedestrian, you can perhaps start to see how your response was not justified.

As you get older, you'll realize that not everybody pulls over, not everybody takes responsibility for their actions, and you carry comprehensive/collision with a deductible to help mitigate your risk against people like that.

Since you do have the license plate number, you could try to get your insurance company to take up the claim, but the insurance company will want to have you describe all the details of the incident, and any witnesses as well. This means that either you'll have to admit the reckless response you had to a minor fender-bender, or you'll have to lie. Either way, you're likely going to get dropped by your insurance. That puts you in a tough spot.

On the other hand, if you'd done nothing when she drove off, you wouldn't be able to do much beyond telling your insurance company what happened, without a plate. But, if you also have comprehensive/collision, that would allow you to get the damage repaired beyond the deductible. Which, at $200-500, isn't likely to get you anything at all.

Does that suck? Yes. Are you pissed? Yes. Everyone has to look back once in a while at their impulsive actions and realize that justice will not always be served, and taking the high road is the way to go. This is, for you, one of those times.

Take a deep breath. Recognize it is just a little damage to your car, that you can't mete out justice in this case, and move on. Hard to do, I know, but that $200-500 bumper incident could easily have grown into something very tragic, and (given the circumstances you describe) that would have been your fault (and that of your friends) as much as hers.

So what can you sue her for? Nothing. Let it go, and become a better person for it.

disclaimer: I used to get very, very angry in situations like this. I've learned to be much happier now
posted by davejay at 4:15 PM on December 10, 2010 [2 favorites]


Oh, one thing: if YOU didn't run after the woman, and your friends don't have your insurance company, there is one way you can try to follow up:

1. Give the insurance company the information you have on her. Don't embellish, don't lie, don't get pissed off, just the facts: car make and model and color, license plate number, and so on.

2. When they follow up to get details, again, be entirely factual. When you get to the part about your friends chasing her, simply say that witnesses chased after her, and came back with her license plate number. You will be asked to provide their contact information. Again, you're not lying or embellishing here, or getting emotional; just the facts.

3. They will follow up with your witnesses, who should do the same, then once your story is corroborated, they'll proceed accordingly (assuming you have comprehensive and collision, at least.)

Note you may not get traction right away, but then, you might; for instance, someone I know got rear-ended several months ago, and (long story short) after months of the other person not responding to their own insurance company's queries, the insurance companies decided he was de facto at fault and paid out without the person I know having to pay a deductible. The total damage in that case was about $900. However, it was just as likely to have not gotten paid, and they pressured her at first to pay the $500 deductible to get it fixed "faster." YMMV.
posted by davejay at 4:21 PM on December 10, 2010


Response by poster: @Roger Doger: I was very calm when she hit me and while I was checking for damages. It wasn't until I knew for sure that she was running away that I started to get pissed off. It baffles me for you to try to take her side. Did you commit a hit-and-run recently?
posted by RaDeuX at 4:26 PM on December 10, 2010


Response by poster: As far as the reckless driving goes, it was my friend that went around her, not me. I merely trailed behind her the whole time. My friend was the one that said we were going 50mph, but I was too busy shifting through gears and calling 911 at the same time. So if the insurance company asks me, I will just tell them I was merely following the person who hit my car.
posted by RaDeuX at 4:31 PM on December 10, 2010


Response by poster: IMHO, you guys sound way too harsh for someone that wasn't at fault here. We had to chase her down to get her license plate number. I didn't know she was going to run away since she's a rich white caucasian woman who probably has insurance and registration. It was my first time dealing with a hit-and-run incident. Give me a break guys.
posted by RaDeuX at 4:33 PM on December 10, 2010 [2 favorites]


I am in the minority here, in that I don't find anything remarkable about your response.

I wonder how much of it is regional norms. If this were just an Alaskan forum, for example, you wouldn't have a bunch of people criticizing you for chasing the lady down and getting her license number. They'd be congratulating you for being proactive, and not just rolling over and taking a dive. But I can see how people who live in San Francisco or Portland might reasonably disagree.
posted by Alaska Jack at 4:42 PM on December 10, 2010 [1 favorite]


Response by poster: @Burhanistan: Yes, I understand that now. I will do that the next time it happens so it won't matter if the person runs away or not.
posted by RaDeuX at 4:44 PM on December 10, 2010


Response by poster: @Alaska Jack: I think it's because most people here don't understand that it was my first time dealing with a situation such as this. In fact, my driver's ed class and traffic school never explained what happens in case a person commits a hit-and-run. Now I know, but the members here still think I haven't received the message.
posted by RaDeuX at 4:46 PM on December 10, 2010


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