I was rear ended if the driver hit me and ran. I caught her about 5 blocks later can I sue her for hit and run
Limited tort (which means limited right to sue) concerns any claim you may have for injuries. If you have "limited tort" you have a valid claim for what we call non-economic loss, only if your injury is determined to be a "serious injury." You can always collect any actual out of pocket money, like medical bills & lost wages, even if you have limited tort. And limited tort has no effect on getting paid for any car damage. I suggest you change your coverage to full tort (full right to sue) so that you will not have the limited tort restriction, & add uninsured motorist coverage to your auto policy. There are some exceptions to the limited tort restriction, but the fact that the other driver fled the scene is not an exception. If you're injured I suggest you obtain a consult with an experienced injury lawyer. Most of us provide a free consult & there's no attorney fee unless the lawyer obtains money for you.
Disclaimer- This response is not intended to establish any attorney-client relationship. This response only provides general information which may not be applicable to your particular situation. You should contact an attorney for a complete review in order to receive a formal legal opinion.
If she has insurance you can file a claim to get your damage paid by her company or if she doesn’t you can sue her for property damage to your car.
If you are limited tort you have sacrificed the right to pursue a claim for pain and suffering unless you were very seriously injured or meet another exception. File a police report about the incident immediately. Speak to an attorney after you get your police report To see if other exceptions could apply. Make sure you take photos of your injuries if any and damage to both cars. Change your insurance policy to be full tort today. It’s worth every cent.
Legal disclaimer: The statement above provided by Sandra Worthington, Esq. is general information and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by Sandra Worthington, Esq. and Worthington Law Group does not create an attorney/client relationship within any state or under Federal law.
I assume that you checked your policy declarations page which states that you have chosen the limited tort option. The inquiry does not end there. An experienced attorney will request pertinent underwriting documents from your own insurance company to verify that in fact you elected the limited tort option. There have been occasions where the insurance company has not been able to produce a signed form confirming the election of limited tort. In those cases, the claimant could proceed as though he had full tort. Therefore, contact an attorney to discuss this matter further.
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