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Seeking leagal advice in an accident/hit&run

Prixer97

New member
Need some advice from you guys... Sadly (much emphasis) I was cut off / blind sided in my apt parking lot. The garages in my apt complex are really long. There's these "alley" sections between the garages so you don't have to drive all the way around. Well just as Im about to approach/pass the alley, here comes a 05 silverado 1500 flying out, we both had no time to stop, and we collide. Well, instead of stopping, he decides to run, meanwhile our vehicles are in contact, thus literally running over the front of my car. So I back up, whip a ****y, and chase after him halfway around my complex. I bet I was doing 50mph btt I caught up to him. Then he realized he ain't getting away and decides to stop.

At which point I called the cops. While the cop is writing the report, he comes over to offer a proposition. Evidently he already has 2 prior accidents this year so he offers to handle it privately w/ $500 in addition to the damage. I told him it'll probably be 3500-4000. He said yeah, just let me know. I called him a few days later with two estimates 4000-4500. He flips his lid, then says, well I know a guy who can probably find you another car. I said good luck finding a red 2Dr gtp w/ leather in excellent condition w/ less then 200k. He finds some pos silver 4Dr with 190k for 2k, to which I decline.

Then he says, well I'll just file it under my insurance and they'll just consider it totalled and give you what it books for and take the car. After I got off the phone, I looked it up on KBB, and to my unfortunate surprise, they say its only worth 3k in excellent condition!?!?

I paid 3500 for it 3yrs ago, and that was steel, you ain't finding one up here in the salt belt in good shape and low miles for less then 4000-5000. Idk where Kbb gets their numbers. So basically his insurance is going to give me 2500 at best cuz grantee they won't consider it as excellent. So I'll be out about 1,500-2000 after you factor in my tint, and other misc repairs like front wndshld, window regulator, PS pump, SLP tips, labor to remove my stereo, my $200 die hard platinum agm bat, etc etc.

So I threatened to take him to court, and change the report to a hit and run. I got proof alone in the damage to my vehicle, w/ the amount of rubber transfer and how my fender is peeled back. Most importantly the backround in the pics show that we're clear on the other side of the complex from where it happened, and make no mistake, its a good size complex.

So what would you guys do in my situation?

I'll post pics later but trust me, it ain't pretty :'(...
 
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Yup try to take him to court. As far as insurance goes unfortunately you'll probably only get kbb value. Accessories such as tips and well as any maintenance items you may of purchased 9/10 you won't get it back it sucks but its part of reality.
 
Sorry for your situation. But it brings up a question...can you "strip" the car of usable parts before they scrap it?
 
i sued a guy in iowa i bought a gtp back in 12. i won. but i'll never see my money. you take a chance on it. if you hire a lawyer you're out a grand for sure or more. by the time you pay a lawyer, any court fees, seizure of property or wage garnishment fees, you'll be in for more than you'll get in the end--even if you win.

the lawyer thought we had a case. estimated 1100. the way he sued the guy won the case. unfortunately, the way he sued the guy made it to where he wouldn't have to pay. the final bill came out 2300. i haven't paid him a dime. so we'll see what happens with that. he threatened to garnish my wages until i sent him a response letter detailing how he failed, how he got us there in the first place, and how we wouldn't have even pursued the case if not for him.

you would have been better off taking his first offer.

however, you may be able to buy the car back or take what you can before its gone. do you have the car? if so, get all you can out of it first. if you want to chance it....it will wind up in a scrap yard or recycle yard. maybe you can track it down after the fact. my brothers car broke down and he basically left it in the apartment complex parking lot. he moved, the car didn't. months later we see the car at the junk yard.

same brother convinced me to buy the car in the first place. i knew it was a bad idea. shoulda listened to my gut.
 
Using the leaving scene of accident as a threat after the fact is kinda low forehead, lol... Shoulda just went that route the moment he actually did the deed!

First off, IMO, seeing as HE committed the act and damage, he is in no position to offer anything! You must take the high road and let him know he's in no position to bargain. Did the police report of the accident note him leaving the scene?

Otherwise, courts are courts, just remember that even if you WIN then you will have to collect on your own.

You'll be suing him and his insurance for the money they offered, PLUS the additional items in the vehicle if it is deemed totaled. Insurance companies may not recognize the other items, but in court you can add them as losses. You can let him know this, let home know of your intent to sue and along with these losses you're seeking to recover your legal fee's as well. Suggest or have an attorney write up a letter suggesting the settlement quietly, outside of litigation now and that this letter will be the only time the offer is tendered. Include the amount you're looking for, itemize everything, list repair cost estimates, listing estimated legal fees and lost work time, etc. separately so he might see the deal presented. If he's smart, he will take the deal... But his intelligence is already suspect, lol. In other words, you want to pile on what he might be paying if he loses...

Give a finite amount of time to respond to the letter and your intent to file in court if he fails to accept and or respond in time. Send the offer registered with return receipt.

Lastly, just be ready to follow through and litigate! : ) be prepared that you may have to fix things yourself until settled, keep receipts, estimates, etc. keep records of every contact, conversation, letter, etc. Do not cash any check from his or your insurance company as it will then release their obligation unless you are ok with the total offered.

Just my $.02

Good luck!
 


Will the insurance appraise it as retail or private party? I was using the mobile kbb and didn't see retail until the end. Retail my car (97 2dr gtp pwr lthr prem snd 150k lthr) books for 3950. Edmunds > 3250 _ Nada > 3750. That's a relief.... Oh my god is it a relief!!!

I just might not lose her :D. I had big plans fsic, stage 3 blower/intake, 3" pulley, 1.9 rockers, ZZP headers / 3" dp, 5spd swap, bags, 20's, SD RA hood and dam, gen 1 slp spoiler, list goes on.


Note: the green highway sign in the background is worth a thousand words. It shows we're on the south end when the accident occurred on the north end. The green arrow shows its location in my paint illustration lol.

16196027_large.jpg

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http://carphotos3.cardomain.com/images/0016/06/92/16196029_large.jpg
http://carphotos.cardomain.com/images/0016/06/03/16196030_large.jpg

http://carphotos.cardomain.com/images/0016/06/43/16196034_large.jpg
http://carphotos.cardomain.com/images/0016/06/33/16196033_large.jpg
http://carphotos.cardomain.com/images/0016/06/23/16196032_large.jpg
 
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That doesn't look to bad. Definitely fixable

Dosent take much though. Hood is 270, bumper 325, fender 165, headlight 200, 300 misc pcs, paint 250, 1500 in labor. Hopefully his insurance doesnt total my car, Id literally cry :'(...
 
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You can keep the car even if it is totaled. I did that with my el Camino just bent the bumper back and kept driving it
 


If you're dealing with the insurance company, be prepared with numbers. Pull the Edmunds/KBB retail values, and also look for similar cars that are for sale at dealerships in your area. Try to get as close to your year/model/miles as you can...this demonstrates the replacement value of the car.
 
If you're dealing with the insurance company, be prepared with numbers. Pull the Edmunds/KBB retail values, and also look for similar cars that are for sale at dealerships in your area. Try to get as close to your year/model/miles as you can...this demonstrates the replacement value of the car.

This is a great suggestion. I had to do this when my wife wrecked our 95 T-Bird. Ins. wanted to lowball me (as most do), and I blew up their fax machine with examples of the identical car for sale around the US and in my area. Bad part was trying to find one in my particular color (rare color). Ended up with a check for $3,700 and then bought the car back and kept the leftover $3,200.
 
So is all of this going to happen after he gets out of jail for a hit and run? This should be pretty open and shut for your insurance companies.
 
Well, there are a few different things you could do. If he'll just give you like 3k or 3500 cash, I'd probably just take it. If you file a claim with insurance and the insurance company says it's totaled and they pay out say 3k, then you'll get a check and they take the car. You can also ask them the buyback amount. Typically on an older car it's a few hundred bucks. So instead of getting 3k for example, you'd get 2500 and keep the car. You still also run the risk of the insurance company deciding that it was not their driver's fault. This is even more susceptible to happen if it's in a parking lot which it was. My brother had a similar thing happen to him where some lady was speeding through a parking lot and ran over his front end just like your situation and the insurance said that he went out in front of the other person even though the other driver was speeding and it was their fault. The insurance said both drivers were equally at fault, so he had to cover his car with his own insurance minus the deductible.
 


If you're dealing with the insurance company, be prepared with numbers. Pull the Edmunds/KBB retail values, and also look for similar cars that are for sale at dealerships in your area. Try to get as close to your year/model/miles as you can...this demonstrates the replacement value of the car.

Yeah I got numbers, at first I was looking at private party numbers and not retail. KBB retail is 4k, I guess insurance will total at 75-80% which is 3000-3200. Finding local cars to compare is hard, especially 97's, unless they'll appraise it compared to 98-03. Which really I don't see why they couldn't they're pretty much the same other then wheels, TCC, perf shift btn, HUD, dual climate, on star.

Pre 00 2Dr GTPs w/ "low"miles (150k is low for 3.8/4t65-hd) are a rare commodity up here.
 
Well, there are a few different things you could do. If he'll just give you like 3k or 3500 cash, I'd probably just take it. If you file a claim with insurance and the insurance company says it's totaled and they pay out say 3k, then you'll get a check and they take the car. You can also ask them the buyback amount. Typically on an older car it's a few hundred bucks. So instead of getting 3k for example, you'd get 2500 and keep the car. You still also run the risk of the insurance company deciding that it was not their driver's fault. This is even more susceptible to happen if it's in a parking lot which it was. My brother had a similar thing happen to him where some lady was speeding through a parking lot and ran over his front end just like your situation and the insurance said that he went out in front of the other person even though the other driver was speeding and it was their fault. The insurance said both drivers were equally at fault, so he had to cover his car with his own insurance minus the deductible.
Insurance should give me attest 3500-4000, I guess if I have to buy it back for 500 so be it :/. Then again hopefully they won't take it. I can probably get it fixed for 2000-2500, my dad is good friends with a guy who's dad owns a body shop. As far as who's at fault, he is w/o a doubt. He was coming out the alley, not me, he was suppose to yield. Not to mention the fact that instead of stopping (w/ 1500 in damage) he precedes to drive over my car doubling the damage and then trying to flee.
 
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