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but "tapped" yeah right, it takes some significant force to crack those SMC panels like that. There's no freaking way he didn't realize what he did. My guess is he knew he'd have to pay the piper one way or the other, but he took off because he'd been drinking. Better to deal with hit and run than DUI.
Unfortunately not. From what I understand of the OP's scenario, at this point in time no suspect has been legally identified, no one has claimed to witness the suspect driving the suspect vehicle, and no "blood alcohol" sample was taken from the suspect at the time of the collision. It's nearly impossible to prove DUI without a blood, breath, or urine, sample. I worked as a Hit and Run investigations for many years, and being that H&R is a misdemeanor, H&R is a very difficult crime to prove. Basically, misdemeanor crimes have to be witnessed by someone, and that witness must be willing to make a "citizen's arrest", and also be willing to testify in court, that the person they saw, and have arrested, was in fact the person who was driving the suspect vehicle. In a H&R crime, not only does the "suspect vehicle" need to be identified, so does the driver of the suspect vehicle. There had to be a person behind the wheel...the district attorney wants to know who was it? In addition, H&R is a "specific intent" crime. That means the suspect's intent has to be proven. It must be proven that the suspect was aware that he/she did the damage, and in addition, it must be shown that the suspect had "knowingly" left the scene of the collision without reporting the damage to the damaged vehicle's owner. Basically, his is how the system works: Once the suspect vehicle has been identified, the registered owner is contacted. A photo is taken of the vehicle's R/O and placed in a photo line up. A witness (if one is available) must then pick the driver of the suspect vehicle from the collection of photos and make a "positive identification" of the driver. Without a positive identification of the driver, the District Attorney will not file charges and no arrest will be made.
Through my experience, I've discovered that about 9 out of every 10 H&R victims just want their vehicles fixed, and aren't willing to prosecute the suspect if identified. During my investigations, once we had the suspect vehicle's owner identified, and interview him/her, most times they are willing to agree to make restitution to the victim with the fear of possible prosecution hanging over their head. Without an eyewitness to the crime, the fear of prosecution is about the only tool we had available to get the suspect to willingly agree to paying for the victim's vehicle to be repaired. Again, H&R crimes are very tedious investigations, and for the most part, they're very hard to get a conviction in court.
You are correct sir, these types of crimes are difficult to prove and without a witness . . . well . . . unless of course he talks to the investigating officer and makes a confession like this guy did. "I thought I just tapped it". That is why if you are going to be a crook or commit a crime keep your mouth shut.
Sometimes you have to go the extra mile. The SUV that backed into my Celica got the bumper, hood, etc. He left his paint on my car, and vice versa. I knew who had parked in front of me, and got my camera to take pics of the underside of his SUV (in the back). Good thing I did, cuz the next day the SOB took his SUV to a car wash, and had them scrub off my paint from the bottom.
I finally had to find his SUV a week or so later, and park my car behind it to show how the marks left by his SUV lined up perfectly on my bumper and hood.
Even then, he tried to say "I barely felt it, I must have only "tapped it", and figured there was no damage..."
Yeah...only $1350 worth Mr. SUV driver, and you tried to dispose of the evidence.
Take it easy everybody gets in a fender bender or bumped in a parking lot. You will either get it fixed or a cash settlement nobody is going to jail and nobody got hurt.
Take it easy everybody gets in a fender bender or bumped in a parking lot. You will either get it fixed or a cash settlement nobody is going to jail and nobody got hurt.
Uh, not so fast, CFF. I had to chase this guy down, get his info, get him served and have him show up in court through the small claims court system before he paid. It's not like he willingly admitted his "tap". This took over 3 months to resolve.
It's these kinds of drivers that are the problem, and they seem to drive, gee, what a surprise...SUV's, or SAD's, whichever you prefer.
Body shop estimated $8.5k in damages. Quote for painting the remainder of the car was astronomical, as they don't tape off lines and stuff. They removed every panel sand it down to bare material and start from scratch, so that's not happening. Looking to get it vinyl wrapped.
Waaaaaaaaaaaaay ahead of you. I'm looking to get a diminished value claim and I've already been speaking with an attorney. However, they have to repair the car first (which is being covered with the other persons insurance) before they can appraise the car.
Tomorrow I'm going to call the guys insurance company and ask for diminished value equal to the early estimated damage. I'm going to let them know that I know full well about diminished value, that it exists, that I have a case for it and that I'd rather settle it quickly and easily for both myself and them. Going to point out that I have a lawyer ready and available to take the case who will be drawing up a suit to file if they reject it from me, and they'll have to hire a lawyer to attempt to defend against it and will cost them more money in the long run. Hopefully it works out.
You getting a lawyer will not scare them, and I think they probably have a few hundred attorneys on their full time staff. It will take some work to get them to pay but I hope you get the money.
You getting a lawyer will not scare them, and I think they probably have a few hundred attorneys on their full time staff. It will take some work to get them to pay but I hope you get the money.
Oh I know they have a full time legal team, but it's a cut and dry case according to my lawyer. At the least they'll know I won't back down and I won't be delayed until the statute runs out and may be more inclined to just get it over with. Maybe not, but it's worth a shot.
Do you believe everything an attorney tells you? LOL
Of course not, but I know two people who have used him to file diminished claim suits. One took his advice and didn't have to hire him/file a suit, the other did and both got their money.
Do you believe everything an attorney tells you? LOL
unfortunately good chance dizzy's lawyer will end up with any extra cash in this deal, if any. Those Insurance lawyers can be brutal, wouldn't be surprised for them to go out to were the cars were parked and try and say the Vette was parked a 1-1/2 feet out of were it should have been an yada yada yada! I hope it all works well for the OP!
Just an FYI...while driving my newly acquired (as in less than 36 hours) 04 C5 CE back to So Cal from a New Mexico dealer I was hit by metal debris from a trucker (one of six) on the 10 freeway. The debris hit my car while I was going 75 mph and it dinged the front end, the right front wheel well (it split into six pieces at that point) and proceeded to hit the hood, windshield (six chips and a crack), the roof, and the left rear quarter panel.
Total damage: $6500
Insurance paid $4800, I paid the other $1700 to have the car painted completely to match (all fenders/panels off, new weatherstipping, etc) all the way around.
There's no way they can match the paint after it's faded on a car that long.
Be prepared to fight for what you're owed. I had to, and I sent several angry emails to my insurance provider to get it done.
While there was no one to blame for this (no, I didn't run down six truckers and accuse them on the 10 freeway), my insurance company tried to do as little as possible. Only getting my body shop involved got the work done.
$8500 in damages? That sounds light to me. Be prepared for more as they take the panels off and find other issues.
Just an FYI so you are aware of what's happened. Vette's are not "regular cars" and most insurance companies attempt to treat them that way.