Someone hit my parked car and drove off while I was not inside of it. Fortunately, I was at the scene so I was able to get a good description of the driver, the car and the license plate number. I also have one witness who was at the scene as well. Afterwards, I notified my car insurance company and then I filed a police report inside the police department building because this all happened on private property and the police refused to send a cop to the scene because it happened on private property. After a week or so my car insurance company was able to identify who the driver was with his insurance company information based on running his license plate number and everything matches to what the witness and I have said based on the description of the car and the driver. Fast forward to today, the hit and run drivers car insurance company notified me that their driver admitted to doing the hit and run and that they will cover all damages and rental expenses.
Here's my question. Is there a way I can have the police charge the hit and run driver?
I believe in the state of Nevada a hit and run accident with only property being damaged should be a misdemeanor. How should I proceed?
I am not only an attorney, I served in law enforcement for 12 years prior to practicing law. I agree that you have a potential small claims case against the driver of the other car.
As far as having the other driver charged, that could go either way. The police can still investigate and make any appropriate charges at this point. What they can do and what they will do sometimes depend more on who answers you phone call than what is allowable under the law.
I was primarily a traffic homicide investigator and that included investigating hit and run accidents when I was not solving crashes involving great bodily hard or death. In my past service I charged countless people in situations just as you explained above. I can also tell you that plenty of people got the wrong officer on the end of the line and nothing was done. Be the guy who calls everyone there is to call until something is done if it is that important to you. If you don't get someone who cares keep calling util you do.
You can file a supplement to your police report and ask that a detective be assigned. However, the odds of the police bringing criminal charges at this point are slim . . . especially if it was property damage only and no personal injuries.
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