the guy blocked off by my car, side way on Astoria Blvd., all the oncoming cars backed up behind his car.
The police came and I picked up the report later but it doesn't say anything about Hit-And-Run.
The claim that I filed against his insurance company will only pay me $261 for the repair of the bumper.
Hit-And-Run doesn't pay more?
You can sue the driver. You have to prove the other driver was negligent and caused your damages. If you sue in Small Claims Court be sure to read its rules on how to prove your damages. The fact that the person fled should be admissible to prove a guilty conscious.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Unless you were injured, the other insurance is only responsible to pay for your property damage, and car rental while your car is being repaired.
Our court system allows compensation if you can prove 2 things: liability (it was their fault) and damages (cost to repair car/$for injuries assuming a certainevwl of injury is met).
The fact that this was a rear end hit and run means only one thing - that liability should not be an issue. In other words - they'll probably agree that this is completely their fault/responsibility.
Unfortunately that does not mean you are automatically entitled to $. You must prove what we call 'damages' which is essentially the damages caused to your car assuming that is the extent of your claim.
If you have injuries in addition to the property damage you described then you should seek medical care and contact a local personal injury attorney to further discuss. If that is the case then you may be entitled to further compensation if your injuries are determined 'serious' under our law.
The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.
generally, Property damage and personal injury claims are handled separately. The fact the individual performed a hit and run doesn't change the property damage, it is still a bumper repair of $261.00. However, the fact that he performed a hit and run (if established), may affect your personal injury recovery. Were you injured in the accident? Have you made a claim for injuries from the accident? I would recommend consulting with a local personal injury attorney if you are making a claim for injuries.
If $261 will fix the bumper, then there is nothing more. The fact that he tried to run after the accident does not affect how much it will cost to fix the bumper.
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