Topic: Hit and Run September 23, 2010 (updated 11/02/2010)

[Freaky1]

Some great advice here, as usual, glad to hear your ok most of all, but lawyer up brother, always CYA!

[Rosinante]

I am 53 years old, and filed my first insurance claim about three years ago.  Someone rear-ended me while I was stopped at a stoplight.  Relax.......I was in a car.

Then this year, in early summer, someone tried to squeeze in between me and a jersey barrier.  Again, in a car.

Until these instances, I had confidence that insurance companies satisfy their obligation to make me "whole."  I now know that this is not at all their agenda.  It would be difficult but not impossible for them to pay you what it will take to restore your bike to its pre-collision condition.  They're not planning to do that.

The next time I am involved in a collision, I am likely to ride an ambulance away from the scene, and I will most certainly talk to NO ONE until after I have consulted with an attorney.  Can you sense that I don't trust insurance companies?

[gnarlycharlie4u]

you shouldn't have said you were fine. You should have stumbled around looking all hurt and holding your back or neck and goaning "oh... urgh... corvette..."

[Mayor08]

I spoke to my insurance company today and through their investigation the driver that hit me does not have insurance on file for that cars license plate and corresponding Vin# so this explains why he drove off.

On Saturday I received a letter form the Chicago PD stating that if I want to pursue this in traffic court I would have to meet 2 criteria:

1) Either I would or a witness would need to be able to identify the driver of the vehicle in open court.

2) I would have to guarantee that I would be present at any/all future court dates.

Basically they weren't doing to do Jack All unless I contacted them.  The letter also stated that traffic court does not award damages (I think I knew that) and that a civil matter can only be handled in Pro Se Court. 

Monday I was contacted by my insurance company to say they would be sending me paperwork to sign off on so that my claim could move forward.  I told them that I rejected their value assessment of the bike and that I would like to see some back up information on how they determined said value.  They are going to get back to me...

[Gaither]

Mayor

Well, it is always a "stacked deck" - against law-abiding folks! Very sorry, man.

One would think the owner of a vehicle would have to bear liability! (I guess that only applies if it is you or I at fault!)

Good luck with your ins co. Would it help if you had a repair estimate from a competent repair shop?

Gaither

[OrganDonor]

Amazing. So what you're saying is that a) the person that hit you doesn't have to pay because they don't have the insurance they're legally required to have, b) the police won't prosecute them unless you do all the work, and c) you won't recoup the full value of your bike?

Sounds like you got hit AND you got screwed.  Moral of the story: don't buy insurance (it doesn't work and doesn't help), and don't stop if you hit someone - you have nothing to lose.

[BobbyR]

You can sue him civilly in small claims court. That would allow you to put a lean on anything he owns. The catch is, he probably does not own anything.

[Damfino]

A couple of years ago, I was driving a beat-up 1996 Jeep Grand Cherokee. I was headed west into the town of Terre Haute when an elderly gentleman in a Ford or Mercury sedan pulled out in front of me. I had to swerve to avoid hitting him, then sped up next to him to make him 'aware' of my 'displeasure' of his driving skills. After doing so, I sped ahead and regained my lane position without doing anything childish or retaliatory. The next thing I know, the old guy is speeding up alongside me and purposely slams his left rear quarter into my right front fender.  I couldn't believe it!! He pulls over and I ask him if he has a phone to call the cops, (I left my cell phone at home that day) and he says "no". So I tell him we might as well drive on down to the police station, he says "okay".

Long story shorter, he takes off before we get to the police station, I wait in police lot for 45 minutes for an officer to come out and take a report, making me late for doctor's appt. They contact old man, he admits to accident but claims there were no damages and that we agreed to drop whole thing. (His car was badly dented in rear door & quarter. My jeep had minor scratches and scuffing to the tire.) So it turns into my word against his, he doesn't get charged for leaving the scene of an accident, and the cop gives him all of my information from the report I had to wait 45 minutes to file, and to top it off, when I get home from my doctors appt., I have a message from my insurance company that this Bozo is already trying to file a claim!

He never got anywhere with it, but then for all my trouble neither did I. Biggest lesson here is always hope there are witness's. Ones that will stop that is. All though there were a few people that had to have seen what happened to me, nobody bothered to stop.

[Old75_ratafe]

So any word?

[dave500]

yeah get witnesses!i was driving a truck when a very old bloke with glasses thicker than the bottom of coca cola bottles comes out of a side street and slams his two week old citroen into the bogie(dual drive diffs)end of the truck,smack into the tyres,he was ok but the car was really damaged most likley a write off,truck was ok,as i got out i shrugged my shoulders and raisied my upturned hands in a "what the??"guesture at a passing car,this guy stopped and gave his name and all as a witness,good thing,i get a call from the boss about about 2 months after and the old bugger has told his insurance company some other shyte,i had the witness details and gave them to the boss(i already had when i reported it the instant it happened),and we heard no more,,that old coooock sucker would have no claim for giving false info to his insurance company,nelson from the simpsons laugh HA!HA!,,couldave just as easy been me on my bike though.

[Mayor08]

UPDATE: Payment will be forth coming- my bike was deemed a total loss because of the dollar amount of damage but because of the age of the bike I can keep it with a clean but smudged title.  It will not have a salvaged title but there will be a note on record that references the accident.  My bike was valued at $2600.00 but the salvage value must be subtracted (120.00) then less my deductible I'm left with about $2100.  I'll get almost the full price for my helmet- it is a Nexx Model Vintage- plus the cost to transport the bike back to my house- $200. 

I haven't signed anything yet but will probably agree to move forward. 

I now wait to hear from the Chicago PD with a court date with the Cook County Traffic Court.

Because I was able to give the plate number and vehicle description the police they were able to find out who this guy is and where he lives.  The wife Googled him and found out his house is for sale in a nicer suburb of Chicago for $650,000.00

So I am guessing that in better economic times it was worth close to a million....what do you think? 

[GammaFlat]

Being made financially whole is important - are you satisfied?

But what about this goofball's action (leaving the scene)? 

[Old75_ratafe]

Cook county office huh just watch out for the two guys driving a "#$%*" dodge on a mission from god.....   But seriously congrats on getting something, did you make sure physically your OK go see a doctor or anything?

[Duanob]

File a lawsuit quick! Before he sells his house. You deserve damages to your person. Luckily in our state by law, it is a predetermined amount for pain and suffering. Not a lot of people know about it and most insurance companies don't want you to know about it. Good luck,

BYW there was a nasty motorcycle accident a block from my house a couple of days ago. Didn't give my wife a lot of confidence about me riding.

[BobbyR]

Because I was able to give the plate number and vehicle description the police they were able to find out who this guy is and where he lives.  The wife Googled him and found out his house is for sale in a nicer suburb of Chicago for $650,000.00

So I am guessing that in better economic times it was worth close to a million....what do you think? 

OK take him to Small Claims Court. If he shows, he shows. If he does not, you will get a summary judgment which is a hunting license.
Now comes the fun. You take your judgment papers  and place a Lein against his house. The buyer of the home will need to get Title Insurance, the Title Insurance will find the lein (there may be others) which must be cleared before the closing or deducted from the proceeds. My closing was held up and hour because the owner still owed $50 on a TV set.
   

[flybox1]

OK take him to Small Claims Court. If he shows, he shows. If he does not, you will get a summary judgment which is a hunting license.
Now comes the fun. You take your judgment papers  and place a Lein against his house.

Absafreakinlutely!!!!! 
dont let this guy get off the hook.

[Mayor08]

As it turns out this dirt bag does have insurance from a company called General Casualty....never heard of them.

I spoke to a representative today handling his case (it was difficult to not lose my temper but this person did nothing wrong so I didn't want to take it out on them) and found out why this guy left the scene...he told his insurance that I said I was okay and that there was no place to pull off so he left.

The accident occurred on Wells st (one way South bound 2 lanes) which has the El tracks above it.  There are parking spots on each side of the 2 lanes of traffic...so more BS as to why this M fer left me in the middle of the street.  He had the BALLS to tell his insurance company that he left like we both agreed to this!  Man I am fired up over this again.

I am still waiting to hear from the Chicago PD regarding the investigation/traffic court date and that is my next call today. 

[The_Crippler]

I always think that the crotchrocketeers who ride around with cameras on their helmets are pretty douche-ish...but times like these, I think they're on to something.  Would have been great to be able to hand his insurance company footage of him driving off and leaving you.

[BobbyR]

As it turns out this dirt bag does have insurance from a company called General Casualty....never heard of them.

I spoke to a representative today handling his case (it was difficult to not lose my temper but this person did nothing wrong so I didn't want to take it out on them) and found out why this guy left the scene...he told his insurance that I said I was okay and that there was no place to pull off so he left.

The accident occurred on Wells st (one way South bound 2 lanes) which has the El tracks above it.  There are parking spots on each side of the 2 lanes of traffic...so more BS as to why this M fer left me in the middle of the street.  He had the BALLS to tell his insurance company that he left like we both agreed to this!  Man I am fired up over this again.

I am still waiting to hear from the Chicago PD regarding the investigation/traffic court date and that is my next call today. 

More the better. You can now take him to Small Claims Court. His Ins Company will have to send a lawyer. You get a judgment and they send you a check. No more dicking around with claims agents.

[Duke McDukiedook]

As it turns out this dirt bag does have insurance from a company called General Casualty....never heard of them.

I spoke to a representative today handling his case (it was difficult to not lose my temper but this person did nothing wrong so I didn't want to take it out on them) and found out why this guy left the scene...he told his insurance that I said I was okay and that there was no place to pull off so he left.

The accident occurred on Wells st (one way South bound 2 lanes) which has the El tracks above it.  There are parking spots on each side of the 2 lanes of traffic...so more BS as to why this M fer left me in the middle of the street.  He had the BALLS to tell his insurance company that he left like we both agreed to this!  Man I am fired up over this again.

I am still waiting to hear from the Chicago PD regarding the investigation/traffic court date and that is my next call today. 

More the better. You can now take him to Small Claims Court. His Ins Company will have to send a lawyer. You get a judgment and they send you a check. No more dicking around with claims agents.

Yes, file with small claims quickly, keep track of ALL costs incurred- lost wages due to court dates, lawyer fees, etc. etc.- keep all paperwork!!!

Once the small claims goes through file that mechanic's lein on his property for any monies owed!!!!

You may not ever see any of that money but you will throw a big monkey wrench in his future property sale if he doesn't settle with you.

[BobbyR]

He has Insurance. They will send you a check either after the Court ruling or more likely settle once you serve the papers. They do not want to spend money on lawyers.

[Mayor08]

I spoke to the investigating officer today and he told me that since the person who hit me and left lives outside of the city of Chicago all they can do is send him a letter.  If he doesn't respond then nothing can be done.  That's right, I'd have to of been killed for them to pursue this further.  WTF

[BobbyR]

I spoke to the investigating officer today and he told me that since the person who hit me and left lives outside of the city of Chicago all they can do is send him a letter.  If he doesn't respond then nothing can be done.  That's right, I'd have to of been killed for them to pursue this further.  WTF

Remind me to stay out of Chicago. Hit and run is a serous crime in NY, and I am sure Illinois also. They can swear out a warrant for his arrest. You have a lazy PD.

[The_Crippler]

Well, again - this is what civil court is for.  Unfortunate that this is your only recourse, but there it is.

[Gaither]

Mayor

Early on, the police told you this is a felony offense - it STILL IS!! This guy lives in an expensive house, has insurance (do I recall the police first told you he was uninsured?) and , if you will carefully research this guy, you will find he has money AND political connections (it appears he may own your police dept!). The cops are lying to you about what they can and can't do. Folks from out of state cannot run across the Illinois state line, commit a felony and retreat into another state and go "scott free"!!! Ponder that. You might ask the cops about that. They are lying like dogs! Make the cops tell you who insures him. You are due copies of ALL police reports - go to headquarters and get them - don't ask the liar you've been talking to.

Also, if he has insurance, you can bet your ins co knows it and by whom. And, they will get whatever they pay you back from his ins co (very common) - and you are still the loser!

Investigate this guy online yourself. Just who is he? Does he work and if so, for whom? Does he own his own business, etc. etc.? You don't have to take this helplessly. He didn't buy such a house on his good looks - this guy is somebody and has money!

I know you've given this a lot of thought. However, please find out who insures him. File a claim with his ins co. (It appears your ins co may be protecting him and his ins co.) Sure, your ins co can total your bike. However, HIS ins co is liable for whatever it costs to restore your bike to the condition it was in a moment prior to his hitting you (with proper estimates) - in CASH! Been there - done that, myself against State Farm and Allstate -both hard to collect liability from. Yeah, they take fairly good care of polich holders - but try making a liability claim on 'em!

You have much more to work with than you may realize. How you handle it is up to you and your business. But a lot of us on this Forum hate to see you get messed over! You are being "had" by the cops and the guy that hit you (and maybe your ins co too).

What I think is worth what it cost you to read this. But I've been rearended 4 times by insured people. In each case, the ins co's tried to beat me and each time I got what was coming to me - without a lawyer. You just have to go after 'em hard.

Whatever you decide to do, good luck.