Expert: Richard Hixenbaugh - 10/3/2009

Question
I was involved in a hit and run accident.  The other car sideswiped me and didn't stop.  I got the license number and called the police. The police tracked down the driver and brought her back to the scene.  The driver stated that she wasn't aware that she hit me. I do not know if she was ticketed for anything.  I submitted a claim to her insurance company.  I obtained a police event report which states she was at fault and that there was paint transfer on her bumper.  The claim had been dragging out for over three months because the other driver would not take her car in to be inspected by her insurance company.  Yesterday, I received notice from the insurance company, denying my claim, because there was no damage to the other vehicle to support my claim.  It seems to me that the paint transfer could have easily been removed in the three months it took to get the vehicle inspected ( a chrome bumper).  Again, it was stated in the police report that the paint transfer was there.  What can I do now.

Answer
Hi Susan,

About the only thing you can do is either continue to argue with the insurance comapny or get an estimate of repairs or go ahead and get the vehicle repaired if you can afford to do so then file suit in small claims court. You would have to show your repair estimate or paid bill to the judge. You would also have to subpoena the police officer to come testify in court. Then if the judge decides that the other person is at fault and owes you the money, her insurance company would be the one to have to pay.

I hope this helps
Richard Hixenbaugh