I got hit last night by a car but didn't contact police-do I have a case?

Asked about 1 year ago - Chico, CA

My wife drove into the parking lot and this parking spot was about to open but other cars were behind us so to let the traffic flow she dropped me off right there to claim that spot with my person. She went around to come back to that spot. One of the cars that were originally in the chain behind my wife tried to pull in while I was standing there and wouldn't take no for an answer so ran into me. My cousin smelled alcohol on his breath and took a pic showing me on the ground, the drivers face and license plate and when she said she was going to call the cops he left. This was last night and we didn't call the cops but my knee really hurts today.

Attorney answers (13)

  1. Malosack Berjis

    Contributor Level 20

    12

    Lawyers agree

    Answered . Based solely on the limited facts that you have provided in your post, it sounds like you may have a case. You just need to contact a personal injury attorney ASAP.

    Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and... more
  2. Robert Bruce Kopelson

    Contributor Level 20

    10

    Lawyers agree

    Answered . Wow, you apparently you should contact atty Shemtoub. He says he has handled many case like yours in Chico!. I had no idea that parking spaces in Chico are so hard to find, that people are forced to impersonate reserved parking cones in order to get one. While one can understand (not condone) a drunk doing what you said in this case, one has to wonder what you were thinking. You were lucky the guy didn't have his shotgun.

    Anyway, you should have reported it immediately as it was a hit and tun, possible assault with a deadly weapon, and drunk driving. Now, if the police are interested, it will be very hard to prove dui. I would suggest you contact an atty in your general area, as opposed to one in LA.

    See a doctor immediately to determine the nature and extent of you injury. If youre lucky, you have a minor injury.

  3. Steven Mark Sweat

    Pro

    Contributor Level 19

    9

    Lawyers agree

    Answered . If you were injured as a result of the incident, you need to seek prompt medical treatment and you need to retain an attorney to obtain his insurance information and open a claim. Filing a police report would also be adviseable.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  4. Michael Shemtoub

    Contributor Level 17

    7

    Lawyers agree

    Answered . I live and work in California and deal with accidents like yours all the time, so I am happy to answer your question. The answer to your question is that the best thing to do is to hire an attorney and have him/her file the claim against their insurance. The attorney will be able to locate the other party's insurance information for you. You should also go to the police and create a police report immediately. Moreover, the insurance company will probably want to purposefully take a recorded statement from you in order to pin down your statement and weaken your case, hopefully you didn't do this. You should definitely not talk to them until you have hired an attorney. Do you feel that you are at the same medical condition that you were before the accident? As a basic premise I wouldn't handle your claim by yourself. The attorney you hire can likely refer you to a doctor, if you ask for one, who will see you with no upfront payment! I've done this many times to help my clients out. You should not wait a single day to hire a lawyer, we will advise you on the strategy of your case and get you a rental if you need one.

    You have some great facts, but your case definitely needs to be developed further to corroborate your story. You should hire an attorney so you're not bullied around! There is no upfront cost to hire an attorney. With a case like yours it seems like you have some good facts in order to get a high settlement. The most important thing when building your case are: liability (were you at fault); how bad are your injuries to your body ; and of course how high is the at fault person's policy. A lot of these things sound like they are not complete yet in your case so its something that is worth hiring an attorney for in order to get a sense of whether you have a case and what the strategy would be for you to build a strong case! I've handled many of these cases in the Chico area.

    Direct Line to Attorney: 877-427-2752 or Email: Michael@Kingofpersonalinjurylaw.com; Website: www.KingofPi.com... more
  5. Jeffrey David Bohn

    Contributor Level 12

    7

    Lawyers agree

    Answered . The trick here is that if that driver was drunk and hit you on accident his insurance will cover your damages but if he hit you on purpose, this is a criminal battery case which will nullify his insurance coverage since insurance companies don't cover intentional tort actions. I believe you are in over your head and you need the assistance of an attorney. It isn't necessary to contact the police or your insurance company the same day but you should do so today. You should also go to your family Dr. and get checked out. Your hurt knee may be a torn meniscus or ligament that requires surgery. You could also benefit from the assistance of a good chiropractor.
    Jeffrey D. Bohn
    Northern California Personal Injury Lawyer
    8880 Cal Center Dr. Suite 400
    Sacramento, CA
    (916) 806-7696
    www.jdbohnlaw.com

  6. Richard Carl Binder

    Pro

    Contributor Level 12

    6

    Lawyers agree

    Answered . Report it to the police to get license info on the driver, get an attorney ASAP and get medical care for your knee. If you driver of the car that struck you does not have insurance you will still be able to make a claim on you policy of auto insurance if you have uninsured motorist coverage. During the last week I took on 3 cases where the driver of the car at fault did not have insurance. One other thing, be careful of what you say to the police or any insurance company. Intentional acts (such as driving into someone on purpose) is NOT covered by any insurance company policy. Maybe this driver thought you were moving to the side? Be careful what you say about what the other driver was thinking.

  7. Ajay Mohan Kwatra

    Pro

    Contributor Level 15

    6

    Lawyers agree

    Answered . Go to a doctor. Go to an attorney. File a poice report. Talk to some attorneys. Good luck!

  8. Norman Gregory Fernandez

    Pro

    Contributor Level 15

    6

    Lawyers agree

    Answered . Call the police. It sounds like you have an assault and battery case, criminally, and civilly.

    No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices... more
  9. Wendy Ha Chau

    Contributor Level 13

    5

    Lawyers agree

    Answered . Sorry to hear. I agree with the other attorneys. Report the hit and run immediately. This is hit and run so there will be a criminal case as well. It's still early, if happened last night, please report it to the police today/immediately that way you have records of it. It would have been better if you reported yesterday...

    From the facts you seem to have a case. You have some proof. Where there other witnesses as well? Did you take their name and contact numbers down? With his license plate you can get his insurance information through DMV, he might have insurance... after getting his information and insurance, you should make a claim with his insurance. Please report the hit and run to your insurance company asap as well and make a claim for UIM claim in case he has no insurance or his insurance doesn't cover all of your medicals/damages.

    Please continue getting treatment until you are better. Contact an attorney in your area for a free consultation. Goodluck!

    *Disclaimer: This response does not create an attorney-client relationship between you and I. I am not your lawyer... more
  10. Dennis Patrick Wilson

    Contributor Level 8

    4

    Lawyers agree

    Answered . You have to call police now and report the hit and run, then go to the er and your doctor for treatment.
    You should contact an attorney in the area. Bill Ereth at 209 956 4200 can steer you in the right direction. Tell him I asked you to call him.

    Answering this question is not an agreement to represent the recipient or others. This answer is an opinion based... more
  11. Peter Cameron

    Contributor Level 12

    4

    Lawyers agree

    Answered . Consult a lawyer immediately to assist you further with this. Good luck

    877-603-8473 - Peter S. Cameron, Esq. 2445 Fifth Ave. #350, San Diego, CA 92101 - Call 24/7 for a FREE CONSULTATION!
  12. Paul J Molinaro

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . If a pedestrian is hit by a driver and that driver did so intentionally... that is a crime... which means police should be called and a report files and charges pressed and the district attorney get involved... and medical attention be sought... and a civil (personal injury) attorney be retained... hitting a person with a car on purpose could be quite a serious charge as a car is a deadly weapon.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    4160 Temescal Canyon Road, Suite 306
    Corona, CA 92883
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law and does so anywhere in the State of California.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more
  13. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . A local personal injury lawyer should investigate

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