Questionhi,
this happened a few months ago and i know it is too late, but i'm just curious. my husband's truck was parked on the road of our apartment (this is were a second vehicle has to park)during the night it was hit. the next morning when we saw it the car that hit it left a piece of their car. my husband brouht it to the police and filed a report. on the way home he saw the car parked in a parking lot near our house. he blocked the car in and called the police. they ran the plate and said the driver had no drivers license or insurance. and that was it nothing else was done. we did not file a claim because the damage was less than our deductable. could something else been done?
Answer
Hi Adrienne,
What a story of police indifference! It seems to me that they should have investigated a hit and run (unattended) offense PLUS a driving without insurance offense. I guess I am assuming that if a piece of the car was left there that the impact was sufficient to have put the driver on notice that he had hit something.
In that case he must stop and leave specified contact information. Maybe he did that and it blew away from under the window wiper? Nah--he probably did not do so, but at least that could be your husband's opening line for when he contacts the guy: "I guess your note must have come loose and blown away."
Perhaps the hit was very minor. If the hit was something one might not have noticed, such as backing up and damaging your truck, then there is no crime, and the matter is purely civil. This would STILL leave the issue of driving without insurance.
It IS NOT TOO LATE TO DO SOMETHING. One year is usually the statute of limitations for such offenses. Here is what I would do:
1. Preserve the piece and if possible (not essential) look around again for the car and take photos.
2. Write to the chief of police and the prosecuting attorney for your city or county.
3. Tell them that you want five things:
a. investigation of the incident for filing of charges as noted above.
b. the name and address of the owner so you can pursue a civil remedy
c. if prosecution is merited, then you want restitution as a condition of the penalty in the offenses.
d. if they do not want to investigate or prosecute, let them know that you will be sending a letter to the editor and to the city or county executive.
e. finally, if they are not going to do anything, ask them for instructions on how to file a citizen's complaint in your local traffic court. You will need the name and address of the guy for that, but you can get that information FROM YOUR STATE DEPARTMENT OF LICENSING if your city doofuses refuse to give it to you.
I took some extra time with this question because it is so frustrating for law abiding citizens to have their rights ignored these days. I trust my efforts were of value to you, and so I request that you find the feedback form on this website and leave me some feedback
Best Wishes,
Dr. Settlement, J.D.
www.SettlementCentral.Com
