Question:

Is "hit and run" without leaving a note"despicable"?

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While parked outside my residence, my car was hit by another car. The driver drove off without so much as leaving a note. Did nearly $10,000 in damage to my car! California makes leaving a note a legal requirement punishable by fine or prison time. We caught the guy and are now suing him. He lives in a multi-million dollar mansion in Beverly Hills! To get punitive damages in California the conduct must be considered “despicable”. My question is whether people here find a person who wrecks another persons car and then simply drives off, whether that conduct is despicable. Before you answer, imagine walking out your door and finding your once pristine car wrecked. Then know that most insurance policies won’t cover your damage as part of the regular policy. So you could be stuck holding the entire bill!

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  1. Wrong, yes. To the level that should cause punitive damages, not necessarily. There are too many reasons why one would do this that could mitigate the behavior. (Examples: rushing to take care of a sick person, late for work with a strict employer, etc.)

    Your vehicle should be properly repaired without the punitive damages. I think you are just looking to hit the jackpot because the guy is rich.


  2. Unless he can prove that a life was at stake unless he left immediately the answer is definitely yes. You need to get a good lawyer and remember he is wealthy and will get a real weasel to defend him.

    Every penny (or percentage point) that you spend on a good lawyer will increase your settlement and decrease your chance of losing.

    In court every single statement you make MUST be consistent and not contradictory. Be polite, clear and concise (don't go on and on and don't do anything to alienate the judge or jury).

  3. There are other things in life more despicable than what this guy did (such as what OJ did to Ron and Nicole) but what this guy did is pretty rotten, especially in light of his wealth.

    To incentivize people not to do this again, he should pay for more than just the damage done to your car. Otherwise people would have the incentive to do just what this guy did as they would know that if they tried to get away with it, all that would happen if they get caught is to pay what they should have paid anyway. I'd throw this argument by the judge.

    That all being said, working in the insurance industry I believe punitive damages have gotten out of hand in many cases and we all end up paying for it through higher insurance premiums. And since his insurance company (maybe the same as yours) will probably end up paying for it, I see little justice with that. Besides, the creep being rich he probably doesn't care. Personally I'd rather see him spend some time in jail. Unfortunately that won't happen. In California, they let people get away with murder don't they (see reference above). Hopefully his insurance company will drop his sorry *ss.

  4. Well, it's illegal.  Leaving the scene of a property damage accident.  And deliberate, illegal acts are despicable.

    Sure, I think it's despicable.  

    Suffering Succotash.

  5. Yes....I believe it is!

  6. It doesn't matter what people on Yahoo think.  You'll have to meet the legal proof required by law.

  7. Unfortunately you'll need to find out how the word despicable in the law in California.

    Considering the common use of the term, of course the drivers actions were despicable, in fact despicable isn't a strong enough term.

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