Legal Question in Civil Litigation in Iowa
My parked vehicle was hit by another vehicle. That vehicle then was parked about 50 feet in front of my vehicle, and the driver left.
I was notified by a passing by police officer of the accident, which occurred around 2 AM. The owner of the vehicle reported it stolen the NEXT morning, saying it was stolen from a bar that he was at around the time of the accident.
While the police investigated this as a hit-and-run, they were not able to locate the owner at the time of the accident, only once he reported it stolen the next day.
NOTE: This vehicle's owner lives' literally around the corner from me! His path home from the bar he was at, would have taken him directly next to my vehicle and around the corner to his home.
Police now say they are at a stand still, and can't really declare anything.
The owner of the vehicles' insurance company is still currently investigating both his claim (that it was stolen) and my claim (that it was a hit and run and I believe he was the driver, but can't prove it 100%). They say that once their investigation is complete, that if they deem it is stolen, than they will be denying my claim. But if they deem it a hit-and-run, they will follow through on my claim.
My question: What are the chances of me taking this person to small claims court and winning? The police officer tried to explain that civil court only requires 51%, while the criminal law is 100%.
My vehicle only KBB's out at $1300 to $1800, plus recent repairs done in the previous 3 weeks. The kicker in all of this is, it is our only vehicle, and the other vehicle did so much damage to mine, that I can not drive my vehicle at all. The cost to repair my vehicle will surpass it's worth, even if I just fix the tires/axles/cv joints/steering system and don't fix the significant cosmetic damage.
Any help would be appreciated.
1 Answer from Attorneys
Without knowing what the owner stated about it being stolen your chances of winning are unknowable. Where was the owner when his car was allegedly stolen? Where were the keys to the car? Who had access to the keys? Etc... At a trial you would have to try and poke holes in his story, which may or may not be successful. Perhaps you should consider a claim with your own insurance company, if you have collision insurance. Did you?
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