Expert: Richard Hixenbaugh - 2/11/2010

Question
I’m a victim of a hit and run involving 4 cars. Another victim in one of the cars was killed. My car has been held for investigation by the DA for almost 2 months now. My car was the only one that wasn't totaled. My insurance company is waiting to repair the damages but can’t until the car is released. The DA need’s to hold my car for investigation on the prosecution for a manslaughter charge. They collected many photo and forensic evidence. I’m still paying my car note and insurance. The DA tells me it could be months or years before I get my car back. Even thought about no longer paying for the car and just buying a new one, but I wouldn’t want to ruin my credit. I’ve been left without a vehicle with no luck in having the responsible parties insurance par for a rental. I am in college and my daughter needs a ride to school everyday. I’m at a dead end and so far no one has helped me. Is there anything that I can do? not just to get my car back, but legally am I entitled to anything? I wasn't injured thankfully, so the lawyer I spoke to couldn't do anything for me, nor helped much to guild be in the right direction

Answer
Hi Julie,

This is a difficult situation. There is only 1 thing I can think of that may help containing the following 2 parts:

1) contact the DA's office and request in writing, a statement signed by the DA stating that your vehicle is being held for an indeterminate period of time as evidence in a manslaughter case and that it may be many months or years before it will be released.

2) contact your insurance company and demand that they declare your vehiclke a total loss, providing them with the letter from the DA. If the insurance company declares it a total loss then they will own the car and will be notified by the DA when it is ready to be released. Then they can sell the car "as is" to recoup some of their money.

You may need to "move up the food chain" into various levels of management to reach intelegent life that can understand this. Also, if you get any resistance, you should file a complaint with your state insurance commissioners office. As a final step you could contact your Congessman' constituent services office. They may be able to help put pressure on the DA and the insurance company to come up with a reasonable resolution.

I hope this helps
Richard Hixenbaugh