Legal Question in Traffic Law in Virginia

A hit and and run driver rear ended me at a stop light. After he took off, I called 911 and followed him and got his license plate (which is on the 911 call). My niece, who was in my car, also got a picture of the car although it is a bit blurry because it was a night. He eventually outran us. The police showed up and we filed a report. They gave us the address of the person who the car is registered to, which is a business. We went to the business and confronted the owner, but he claims that he or no one else has was driving the car at the time of the accident and that his car has no damage. The damage to my car was minimal - he scraped off part of the black vinyl stripes on the back of my 2009 mustang, but didn't damage the paint. The smudges from the stripes could have easily been removed from his car with some tar remover. However, an auto body shop told me that this damage is still going to be over $300 to fix. I have contacted the police again to see if they have talked to the owner and it looks like they don't intend to do anything else about it. Furthermore, I am 4 months pregnant with triplets and I had my two adolescent nieces in the car at the time of the accident. The hit was not extremely hard, but it just seems unreal that nothing can be done about this just because the owner claims it wasn't him - when we got the license plate AND a picture of the car in question. Is there anything I can do?

Asked on 7/26/13, 9:25 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

So, sue this lying SOB for your damages in your local small claims court, including the cost of filing the lawsuit, and be prepared to prove your case

to the judge by a preponderance of the evidence.

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Answered on 7/26/13, 12:23 pm

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