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What do you do if the other party denies a hit and run?

Santa Fe, NM |

I was in an accident about a month ago, another driver hit me from behind at a stop light. I got there licence number as they drove away and called the police. They told me it was ok to drive to work and then they would send someone to me. When I called back they said they couldn't send someone out and to file a report online, which I did. There is just under $1000 damage to my car but the other persons insurance refuses to pay because they deny the accident ever happened and say I cannot prove it because the other car does not show enough damage. Of coarse they would deny it, its a hit and run. I have liability only on my own insurance so they will not help me go after the other party for the damage. How do I prove a hit and run if the other car was not damaged? How should I proceed?

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Attorney answers 2

Posted

Unfortunately, a month is a considerable amount of time that has passed. If the accident happened in a commercial area, stores, buildings, etc. often have surveillence cameras that might have caught the accident. If you have paint marks on your car that match the color of the other vehicle, that is another way to prove it. Even if the damage to the other car is minimal, if it is to the front of the vehicle, that may tend to give credibility to your claim. I a presuming you were alone because you did not mention a passenger who would have been able to act a witness. In the end, take them to small claims court, tell your story, they will tell theirs and if you lose, you are no worse off than you are now.

Asker

Posted

But I've been working on this since day one. I filled a police report and reported it to the insurance company's within the hour. I have records of my constant communication with both insurance company's about it, there was no wait period, I've just been stonewalled for a month. The accident happened on a main road. They said that there was no damage to the other vehicle, I haven't seen the pictures so I have no idea if it is true. I was alone in the car. Is there any other way to get them to pay? I feel like I have no evidence so they will just ignore me in court like they are ignoring me now. How do you prove a hit and run took place?

Jeffrey Ira Schwimmer

Jeffrey Ira Schwimmer

Posted

You take a copy of the police report to court with you. Did you check your car to see if there is any paint or other material that matches the other vehicle ? Take pictures. Presumably, you did not pick that car out of thin air. The other car's insurance company is stonewalling you because they don't want to pay. Again, take it to small claims court, along with your bills for the repair. It may be a "he said/she said" credibility issue for the court to decide but you have nothing to lose.

Posted

There would need to be some damage to the front of the car that rear-ended
you.
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If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

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