Skip to main content

Hit and run driver and his insurance company denied my claim even though I took pictures on offender flee away from scenes.

Fremont, CA |

I would like to get your professional suggestion on how to get insurance company pay my property loss. I was driving a prius off the ramp of I880N at the exit of S Fremont Blvd at 19:23 03/12/14 with my wife. We got hit from back by a Jeep Grand Cherokee. The SUV didn't stop and tried to flee away by making uturn back to I880S. We took clear pictures on its license plate, dialled 911 and reported it to a CHP officer. My car was damaged and I got a neck pain. Unfortunately, offender insurance company declined the claim as its insured benefit deny the hit, they found no damage on offender's car and no witness. My wife's insurance company declined as well, even though she had Comprehensive and Collision Coverage. They claimed I am not on her insurance policy. My own insurance declined as my

Attorney Answers 7

Posted

There is only one course of action, you must sue the person and take it to trial.

My offices does represent people from Avvo if they contact me but only in the Los Angeles, Orange, Ventura, San Bernardino and Riverside County in Southern California. The answers I give here are not meant to create an attorney client relationship. When accepting clients I conduct interviews face to face and they often take 30 minutes or more. I approach trials and issues from a legal and common sense approach, This is how the majority of judges I have appeared before in 40 years also make decisions. I do not intend by my advice to enter an attorney client relationship and in most cases advise to obtain legal representation. Sometimes if you can not afford it a consultation or limited scope representation is available. As an experienced attorney I can tell you, judges can be impatient, hate emotional arguments and over exagerations or lies. A brief outline of the problems and desired solutions is often best and I d0 limited scope representations advise clients on how to proceed at time of hearing or trial and my fees are considerably less when I do not appear in court as it takes much less of my time.

Mark as helpful

1 found this helpful

6 lawyers agree

1 comment

Asker

Posted

Thank you so much for your reply! I am considering the small claim court. But I would like to collect more evidence to win the case. How to find out where is the offender's vehicle with his name/license plate/driver license as a lay person? Will the CHP officer give me more advice/option, if I try to make an appointment with him? I do not believe there is no paint transfer or damage on offender's vehicle.

Posted

If you were injured, consult with an experienced CA personal injury attorney. They will bring a claim against the owner operator and force the insurance company to respond.

In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.

Mark as helpful

1 found this helpful

4 lawyers agree

Posted

If you were injured, hire a lawyer to deal with this mess. If not, small claims court (assuming the damage is under $10,000) is the best way to go.

Mark as helpful

1 found this helpful

5 lawyers agree

2 comments

Asker

Posted

Thank you so much for your reply! I am considering the small claim court. But I would like to collect more evidence to win the case. How to find out where is the offender's vehicle with his name/license plate/driver license? I do not believe there is no paint transfer or damage on his vehicle.

Alan Ray Barnes

Alan Ray Barnes

Posted

An attorney can obtain that information from the DMV. I am not sure if a lay person is permitted to do so.

Posted

You should make sure that you file a hit and run motorist police report with the CHP. If the insurance companies refuse to pay your claims, you will have to file a lawsuit against the owner and driver of the vehicle that you allege is responsible for your damages.

Mark as helpful

1 found this helpful

7 lawyers agree

Posted

Since you did sustain injury, I suggest you hire an attorney who will also assist in your property damage claim. I suggest you have a single policy for both cars with both of you listed as drivers. I assume the insurance carriers are crying foul because you both presumably live together but are not listed drivers on the policy. But because you are both insured an attorney may be able to get around that issue. If not you can always sue the other driver.

Mark as helpful

1 found this helpful

5 lawyers agree

2 comments

Asker

Posted

Thank you so much for your time! I figured that car insurance in CA will follow car not driver. My wife's car has Comprehensive and Collision Coverage and she said she never signed any docs to exclude me under the policy, but her insurance co said price would be different if adding me into her policy. I used another car insurance co before marriage, but our house insurance is under the same company as my wife. Is it helpful to fail a complain against my wife's auto insurance co at Department of Insurance?

Richard Andrew Harting

Richard Andrew Harting

Posted

might help

Posted

If there is a criminal case pending, you can ask for victim's restitution. Did the cops make an arrest? Why did your wife's insurance co deny your claim? Were you excluded under the policy?

I am licensed attorney who focuses on Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. If your case is in California or Washington, you can call me for specific legal advice on your case free of charge. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.

Mark as helpful

1 found this helpful

3 lawyers agree

4 comments

Asker

Posted

Thank you so much for your reply! I wish I could find this forum earlier. I got so much advice from so many professionals. The cop didn't arrest. The cop failed to contact the registered owner of the vehicle as he no longer lived at the resident. Cop successfully contacted him 6 days later and scheduled to meet with him to inspect his vehicle. He declined any collision, cop only found minor scratches throughout his Jeep Grand Cherokee. He did claim to be in the location at the time of the collision. So the cop put the following in collision report, "It is possible a collision occurred between his vehicle and my vehicle but due to no paint transfer on his vehicle or other damage consistent with my vehicle, the cop unable to substantiate my claims without further evidence and a lack of independent witness" My wife said she never signed any docs to exclude me under the policy, but her insurance co said price would be different if adding me into her policy. I used another car insurance co before marriage, but our house insurance is under the same company as my wife.

Julia E. Simmons

Julia E. Simmons

Posted

You should be covered. Call an Atty.

Asker

Posted

Thank you! my wife's insurance co rejected our claim again, as they said price would be different if adding me into my wife's insurance and i am not listed under her policy. I told them insurance should follow car in CA and my wife has Comprehensive and Collision Coverage. I drive her home, because she was not feeling well that night. What is the best point I could bring up, when I called the insurance co again? Should I file a complain to Dept of Insurance?

Julia E. Simmons

Julia E. Simmons

Posted

PS - it doesn't matter if the person who owns the car wasn't in the car when it crashed into you... he's the owner of the property who caused damage to you. Consider contacting DMV and filing a claim. DMV will suspend their license if they don't resolve this.

Posted

In addition to Mr. Cohen's comments I would suggest that you follow up with the CHP and make sure that the Complaint if filed with the District Attorney's Office. If the other driver is criminally convicted of hit and run, this could be admissible evidence in your civil case. If you are having medical treatment for your neck injury, you may want to seek out a personal injury lawyer to insure that you are adequately compensated for your injuries as well as the damage to your vehicle.

I hope this is helpful.

John N. Kitta
Fremont

If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

Mark as helpful

1 found this helpful

2 lawyers agree

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics