My accident was considered a hit and run. Insurance wont cover damages to my car. What are my options?

Question

My parked vehicle was hit by a motorcyclist who was cut off by another motorist who fled the scene. The motorcyclist had insurance, but the police report said it was a hit and run, so the motorcyclist's insurance wont pay for my cars damage. This does not seem fair. My car was parked and I was at work. My car has been estimated to have between 2100-4500 in body damage. I dont have the money to fix it, so I am having to drive around my mashed up car. I have no idea what my legal options are. Should I write the motorcyclist and ask him to pay for the damages personally? Should I contact a lawyer?

Answer 1

You should contact a lawyer.

Answer 2

The motorcyclist who hit your car has to pay for your car... He hit it with his car motorcycle and you will win no matter what...there are always reasons and eXcuse why a driver hits another driver, but they still have to pay.. all accidents are accidents, but he is still responsible.. That mans insurance company is responsible for finding the man he did the hit and run and if he cant they end up being responsible... his car hit your car, thats all there is to it.. why, how, where, and when dont matter, he is RESPONSIBLE.. and like the guy said above, your insurance will do the fighting for you, even if you just have liability

Answer 3

Sue

Answer 4

If you have collision coverage or uninsured motorists on your veh, you should file a claim w/ your insurance carrier.  

You cannot go after the motorcyclist, because he was not at fault.  Any court will see that.

Otherwise, you will have to pay out of pocket to get your car repaired.

Answer 5

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Answer 6

Your Insurance company will take care of this. You call them and tell them about the accident and give them the motorcyclist information. This is what insurace is here for; to do the fighting for us. If you don't have insurance then you have to press charges against this person and settle the matter in court.

Answer 7

Lawyer is your only way to get a dime.

Answer 8

Explain your situation to a lawyer. They can give the best advice at this moment. Look in your phonebook for lawyers that help with car accidents.

Answer 9

The cycle driver is legally liable for the damages to your vehicle.   Get an estimate of the damages from a body shop you like. You should then send a "demand letter" to the cyclist, by certified mail, letting him know that if he doesn't pay that amount within a reasonable time - say 30 days - you will take him to court.  Start a file on this with a copy of the demand letter, the police report, etc.  If the cyclist is being prosecuted for the hit-and-run, you may not need a lawyer to sue him.  The benefits of legal representation in a case like this is that it makes it most likely that you will be able to collect.  Good luck!

Answer 10

The fact that the other driver fled the scene does not mitigate the motorcyclists responsibility. Your insurance company needs to abrogate the damages to the motorcyclists insurance company.  I assume you do not have collision insurance, because if you did, then you would be covered regardless.

You should begin by calling your insurance company, and asking why the debt was not abrogated to the motorcyclists insurance.

Do not take no for an answer. Eventually you will wear them down.

Answer 11

Your insurance should take care of the legal issues. You do have insurance do you?

Answer 12

Hum... This is a Tough One...

It isn't the Motorcyclist's fault... He is a victom too...

Is there ANY WAY AT ALL to discover who the driver who fled is?

I don't understand why no one's insurance will cover it!

There has to be SOMETHING...

Make sure you get copies of ANY AND ALL documents you can get from ALL PARTIES!

Take those to a lawyer and just ask for their opinion of the situation...

It never hurts to ask!

Good luck... That is total bullshit... I hope it works out for you!

Answer 13

If you have uninsured motorists insurance on your car, then your insurance will pay for the damage less your deductible.  The motorcyclist is actually the one at fault since he is the one that struck your car.  That he chose to make an unsafe reaction to the threat to him is of no consequence.

The motorcyclists insurance company may "tell" you they aren't liable but it is up to you to make a "claim" and if they won't pay, then you sue the motorcyclist for the damage.

If an insurance company can convince you they aren't liable long enough for you to not make a claim, they get to keep the motorcyclists premiums and your damage money as well.

Answer 14

Even though you have only liability insurance, I think you should start with your own Insurance company for help and advice.  Then you may want to try your states, Insurance commissioners office and or the office of consumer protection to see what the laws are........If that all fails, then you may want to hire a lawyer.  Don't "dally" doing any/all of this.  Time is important here.

Answer 15

Why wont YOUR insurance cover the damage to your own car?

The same thing happened to me. My insurance took care of the damages on my car, and then they pursued the other people's insurance. I even got a loaner car while my car was fixed.

And, btw, it wasnt "hit and run" unless the motorcycle that hit your car "hit and run"---there's no such thing as "hit and run" when someone is cut off and they smash into your vehicle if they stop and exhange information.  You are the injured party. Demand that your insurance cover the damage, and also that they pursue the other driver's policy as well.

Answer 16

Do you have uninsured/underinsured coverage? Might pursue coverage there unless you don't have that.

Answer 17

It does not sound as if the motorcyclist is liable for your damages.   The hit and run motorist was the proximate cause of the accident.   Just because the motorcyclist struck your vehicle does not make him automatically liable for your damages.  You need to prove he was negligent.  Perhaps you can recover a portion of your damages.  If you sue the motorcyclist, he will refer the matter over to his insurance company.  They will continue to defend him.

Sorry, you are out of luck since you do not have Collision Coverage