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What is time limit to file charges against a Hit and Run driver under the influence (.160). No insurance, suspended D.L.

Spanaway, WA |

We were rear ended on freeway by uninsured, drunk driver who left the scene but was apprehended shortly after. Eye witness stated he never used his brakes before hitting us. There were injuries and this is not his first suspension. We have uninsured coverage.

Attorney Answers 7

Posted

I would suggest you contact your insurance company immediately. I assume that you have contacted the police but, if not, do so immediately.

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Posted

A civil suit alleging negligence must be filed within three years of the date of the accident.

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Posted

Did you report the claim to the insurance company?. I would move on this quickly and hire a lawyer to negotiate your settlement so you don't miss the statute date,

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Posted

I agree with the above answers, but I would add that you are also eligible for money from the crime victim penalty find. Call me if you want to find out about the person who hit you and his court case.

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Posted

Retain a personal injury lawyer to get you the UM money.

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Posted

Charges are crimknal and made by a prosecutor. What you can do is file a lawsuit for damages caused by the drunk driver's breach of duty to drive safely which in Washington is three years.

Fortunately you have UIM which steps into the shoes of the person who struck you. This means that it will not pay you medical bills as they occur but rather, like a tortfeasor will settle for a fixed amount to settle your claims in total once.

I strongly recommend you retain a personal injury attorney to represent your claim because just because it is your own insurance company it does not mean they will treat you fairly. In fact, like all insurance companies they willi try to give to give you as little as they can get away with.

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Posted

You, as a private individual, are not able to bring criminal charges. Only the police and prosecutor can bring "charges".

Your option is to file an uninsured motorist claim against your own carrier. You should do this with the help of an attorney.

You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. 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. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

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