Legal Question in Personal Injury in California

motorcycle victum of hit and run vehicle

i was at a stop light and struck by a vehicle that fled the scene. police not called at the time but the husband of suspect provided some info. but now denys it happened and refuses to pay for damages.my insurance is liability only and dont cover damages or rental car.I filed a h&r report 48 hrs later. is there anything else legal other then small claims court?


Asked on 10/17/00, 10:07 pm

2 Answers from Attorneys

John Bisnar Bisnar & Chase, LLP

Re: motorcycle victum of hit and run vehicle

Is there anything else legal, other then small claims court? Not effectively. If your damages exceed $5,000 you may want to file a claim in a court with a higher jurisdictional limit then the $5,000 limit is small claims court.

I suggest that you take pictures of the vehicle that hit you. In that way you can better prove that you were actually hit by the car.

If you would like some tips on presenting your case in small claims, after you have a court date, call me and I'll give you my thoughts on presenting your small claims case.

John Bisnar, Senior Partner, Bisnar & Chase, Personal Injury Attorneys & Counselors at Law, www-serious-injury-law.com, 800-956-0123.

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Answered on 11/14/00, 8:54 pm
John Hayes The John Hayes Law Offices

Re: motorcycle victum of hit and run vehicle

If you have the name, address and license plate or drivers plate number of the person who hit you you can file an SR-17 with the Department of Motor Vehicles. This is basically a request for insurance information on the driver from the DMV since it is illegal not to be insured in California all drivers must provide proof of insurance to the DMV. When you get it back it should either say that the person in question was not insured or give you the name and policy number of the insurance provider. If they were insured you can then contact the insurance company and file a claim. If they were not insured than you may want to file a lawsuit in Small Claims. Bring all information that you have regarding the accident including pictures of your car and an estimate to repair the damages to Court. If your damages exceed $5,000 you may want to consider filing in Municipal Court. You can still represent yourself, but you may want to have an attorney prepare the lawsuit for you. If you need any help or if you have additional questions please feel free to email me at [email protected].

Good luck.

Sincerely,

John Hayes, Esq.

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Answered on 11/15/00, 3:52 am


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