Hit and Run accident

[MixedBag]

Happened in AL.

Owner of the car lives in IN.

Driver of the car me and I live in AL.

This weekend, I was at a stand still waiting to cross a busy road, when I was hit as a truck was turning right off the busy road.  He made his turn too wide.

Truck slowed down, but the driver never stopped and got out.  Dad and I did "everything" I could think of (like chased him down the street) but he ended up backing down the street and took off.

I did get the license plate number of the truck.

Police responded, took down info, but they can't find the truck.  It wasn't parked at the address that came back when they looked up the tag.

Dad will report to his insurance and has uninsured motorist coverage.

Police pointed out that owner of the truck might not have been driver of the truck.  Since he didn't cooperate, I have no idea who the driver is.

1.  Is there anything that we can do?

2.  Who would be responsible for the damage done to dad's car?  (driver or owner or both?)

Thanks!

[socrateaser]

>1.  Is there anything that we can do?

You filed a hit and run with the police. Now it's up to them to investigate. Your insurance company should go after the owner of the other vehicle. The presumption for civil suit purposes will be that the owner was driving, or is vicariously liable for the acts of whomever was driving, unless the owner reports the truck stolen.

>
>2.  Who would be responsible for the damage done to dad's car?
> (driver or owner or both?)

Both. Civil suit is for negligence, if only property damage to the vehicle resulted. Pretty simple case, because the fact that the driver ran off is a tacit admission of fault.

[4honor]

When you file an uninsured motorists claim, the insurance company pays you and the repair shop less your applicable deductible. If you know the hit and run registered owner, the Insurance company may have a lower out of pocket than on some unknown person.

The Insurance company will run numbers and determine if the damage is going to cost more to fix than it would to "total" the car. If they total the car, it will be based on a vehicle in the same or comparable condition as yours at the time of the accident. They will not give you what you paid for it -- it just doesn't work that way.

If your vehicle is repairable, make sure you pick a good reputable repair shop. Get estimates in writing. your insurance company may get incentives from various repair shops to point you in their direction. They are not necessarily a bad thing. And some insurance companies give a further guarantee on the repairs. Check into the shop like you would any other repair shop.

Make sure the repair is completed satisfactorily before you pay and take the car, it will save alot of hassel later.

Your UnInsured mototorist's coverage may or may not also have rental coverage -- to provide you with another vehicle while yours is in the shop. Double check that before you rent one -- so  there are no surprises should the insurance company deem it "uncovered" or "excluded".

Lastly, Your insurance company will use all of the weapons in its arsenal to hold on to its $$ - Subrogation is one way the Insurance company gets money from the responsible party. Most insurance companies can squeeze a nickel hard enough to give old Washington a migraine -- don't worry about that -- it is part of what you pay a premium for. Your policy likely has a clause near the end of it where you agree to assign your rights of subrogation to the company. Most companies have departments specifically set up to go after the responsible party or their insurance company. If the company gets all of the lost amount they must forward you the deductible if they get only part of it, you will likely get part of the deductible.

[MixedBag]

Which state has jurisdiction for civil suit?

IN -- owner of damaged vehicle

AL -- driver

AL -- where it happened

AL -- where the truck owner lives

And if it's AL, is there anything that I can do to help dad since he's in IN and I'm in AL -- (since I was the driver)?

[socrateaser]

>Which state has jurisdiction for civil suit?
>
>IN -- owner of damaged vehicle
>
>AL -- driver
>
>AL -- where it happened
>
>AL -- where the truck owner lives

Subject Matter Jurisdiction requires that the plaintiff have a particularized and concrete injury, fairly traceable to the defendant, for which the court can provide redress.

Your father's vehicle was damaged, so you have an injury. The defendant's vehicle caused the injury and defendant can be held vicariously liable for that injury even if he isn't the driver -- unless the driver was operating the vehicle without permission. If the court finds in your father's favor, it can award damages, therefore the court has subject matter jurisdiction.

Personal Jurisdiction requires notice reasonably calculated under all of the circumstances, to apprise the defendant of a legal action pending, combined with personal availment of and minimum contacts of the defendant with, the forum jurisdiction.

Defendant never personally availed himself of the protection of IN Neither did he have any minimum contact which would make it fair and just that defendant would expect to be hauled into court and sued.

Conversly, the accident occured in AL, and defendant's vehicle and defendant reside in AL. Defendant personally avails himself of the protection of AL by living therein, and so it is highly reasonable that AL assume jurisdiction.

Threefore, jurisdiction is in AL.

>
>And if it's AL, is there anything that I can do to help dad
>since he's in IN and I'm in AL -- (since I was the driver)?

Yeah, go to the doctor and complain that your neck or back is killing you. keep a log of the pain every day and rate it on a scale from 1-10. write down exactly where it hurts and how it disables you, and if you spend any money on meds -- even asprin.

Of course, if it doesn't hurt, then don't make up a story. But, I'm sure it hurts -- doesn't it?

DOESN'T IT HURT???

lol. Kidding. I can't encourage you to invent an injury. That would be conspiracy to commit insurance fraud, so don't do anything, unless you're actually injured. Then do what I suggest above.