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What you get and what happens when you sue?

Ofallon, MO |

I had my car parked on the side of the street and came out to find the car was hit and no information was left, hours later one of the vehicles that was there earlier in the morning showed back up and I looked at his car and the location of where the car would of hit my vehicle on his and found out that he was the vehicle that had hit me. I have yet to file a report since I want to know what will happen. He is an insurance agent and he did a hit and run on my vehicle left no information in or attached to my car. If I sue for a hit and run what will happen with/towards him and what would he owe for doing a hit and run? He did leave damage to my vehicle and the marks on his are the paint and borders of my vehicle all on that corner.

Attorney Answers 4


You should take pictures of the damage to your car and his car. The more pictures the better. You should call the police to file a report. You should call your insurance company and report the matter to it. That will get the ball rolling so you can get the car repaired. You don't need to file a suit yet. See if you can get his insurance information and make a claim.

The information provided should not be considered legal advice. I am not licensed to practice in any State other than SC. The results of your case will depend on the presentation of evidence, the law and other factors that may change depending on an in depth analysis of the facts of the case. Please see an attorney before making legal decisions.

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Pictures have already been taken on both vehicles; we are making a phone call to the person once the weekend ends; but if a lawsuit was to be filed because of the situation what would then happen


Call the police. The perpetrator needs to be held accountable. Call your carrier to report the claim and let them track this guy's carrier down (the police will do the same). Try to file a claim with the other guy's carrier. If you run into difficulty, after taking enough pictures of the damage to make it clear how the damage occured, hire an attorney to sue the guy.

Good luck!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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It is impossible to predict any outcomes to filing a lawsuit, and it is very difficult to give any worthwhile opinions without all of the facts to the case.

That being said, I suggest you contact the police department and your automobile insurance carrier to report this incident and make a claim. Make sure you provide all of the information you have on the other driver to allow the police and/or your insurance company the ability to identify him and his automobile insurer. As a result, your insurance company can open a claim with his insurance company or you can do the same as well. It is possible you can successfully resolve this incident without having to file suit.

Keep in mind, you will be claiming and/or suing for property damage to your vehicle and not for a hit and run. While I do not know all of the facts, the hit and run may enhance the appeal of your claim but it will not enhance or change the actual damages to your vehicle. Therefore, any punishment for the other driver leaving the scene will likely be enforced criminally by the police department. Of course, this will depend upon the evidence obtained by the police department and the prosecutor's decision to charge the driver with a crime.

I wish you luck in resolving your claim.

These comments are merely opinions, not legal advice, and this communication does not create an attorney-client relationship. Therefore, if you have additional questions, I highly recommend you contact an attorney directly.

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File a police report; in order for him to get probation he will have to pay you.

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