Update on the hit and run - opinions on suing the guy?

"VincentMalamute-Kim" (VincentMalamute-Kim)
11/26/2019 at 12:38 • Filed to: None

OK, so my decision making is poor. I have a tendency to minimize things. I’m going to use a mild concussion as an excuse for leaving the scene and not calling the cops. Although I did get hit hard so it’s a good excuse.

I called the non-emergency number this morning asking should I report it? An officer calls back and says they already arrested the guy. I was flabbergasted. Someone had called in the hit and run yesterday. Guy was on drugs. No insurance.

I had guessed it was a second gen 2007-2013 GMC that hit me. It had a red logo in the middle of the grill. Turns out it was a 2011 Chevy. As a car guy, mistaking a GMC for a Chevy is just as unsettling as getting the Subaru totaled.

Guy has no insurance. I have some minimal uninsured driver coverage. I will report this to my insurance. Cop said DA will contact me if I want to sue the driver. I think I already know what Oppo is going to say. But I’m asking you all: Should I sue the guy?

I don’t need the money. It’s not going to be much for the car. My neck still hurts but I’m not going to have major medical bills. Yeah, he was on drugs but I almost kinda feel sorry for him. I’m in so much a better place than he is that I feel like I don’t need to pile onto his problems. I assume the legal system is going to mete out punishment without me doing anything anyway.

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UPDATE FROM INITIAL RESPONSES: My guess was Oppo would say to go after the bastard (or maybe just idiot). I forgot that no insurance means he probably doesn’t have any money. Although he was driving a relatively new 2011 truck in very good condition.

You know, what probably bothered me the most from this incident was the feeling of minor violation, that it was personal because he ran. The arrest resolves all that. But damn, the Forester was a great daily driver.

DISCUSSION (28)

CarsofFortLangley - Oppo Forever > VincentMalamute-Kim
11/26/2019 at 13:01

In my experience , not worth it. If they have no resources, how will suing help?

Can’t get blood from a stone. The most dangerous people from an adjuster’s point of view are people with no money, no assets and no insurance . They can basically do what they want without financial repercussions .

Forrest > VincentMalamute-Kim
11/26/2019 at 13:04

I’m sorry that happened. If this happened to me, after a good night’s sleep, I think I would reach the same conclusion on what to do.

lone_liberal > VincentMalamute-Kim
11/26/2019 at 13:04

The correct answer is probably to sue him, but if it was me I probably would let my insurance company chase that rabbit and I would just deal with them. The chances of actually getting money from him are probably remote so I don’t think I’d spend the time or money.

HammerheadFistpunch > VincentMalamute-Kim
11/26/2019 at 13:05

I wouldn’t, but I’ m the type to look at the effort it would take from me and weigh it against the benefit and use that calculous as my basis. In this case, I can’t see how you would come out ahead.

fintail > VincentMalamute-Kim
11/26/2019 at 13:07

Something something blood out of a turnip. You could do it, but I wager you won’t see anything of it. If you’re truly OK, you’re probably better off being thankful it wasn’t worse, and moving on.

Reminds me again of my Milwaukee incident. I was hit by a Hertz rental while driving a Hertz rental, and it eventually sorted itself out with nothing out of my pocket. I am pretty sure I wasn’t really injured, but now and then I think about it. Anyway, a few months after the incident, I was somehow put in an email chain that they were going after the offending driver (who likely doesn’t have two nickels to rub together). Not sure what they think will come of that.

E90M3 > VincentMalamute-Kim
11/26/2019 at 13:09

Was it more of “do you want to press charges?” Because if it’s that, then you should absolutel y do that.

Textured Soy Protein > VincentMalamute-Kim
11/26/2019 at 13:10

Pure & simple cost benefit analysis: what if any money are you likely to recoup if you win this lawsuit, and will it cover your legal fees?

TheTurbochargedSquirrel > VincentMalamute-Kim
11/26/2019 at 13:10

As CoFL said, it doesn’t make much sense to sue if you can’t get anything out of them. Lawsuits cost a ton of money so it only makes sense if you can get those fees covered and get more on top of that.

CompactLuxuryFan > VincentMalamute-Kim
11/26/2019 at 13:13

I wouldn’t sue for anything other than actual damages your insurance won’t make you whole for. Let them do the suing if anything.

I will emphasize this once more seeing as it took pretty much the entirety of Oppo piling on for you to call the cops: go to the doctor and get checked out thoroughly!!!!!!! Make sure to follow up as time progresses.

Cash Rewards > VincentMalamute-Kim
11/26/2019 at 13:14

Sue, eh. Press charges? Abso-fucking-lutely, or the next person he hits won't be as lucky as you.

VincentMalamute-Kim > CompactLuxuryFan
11/26/2019 at 13:14

I will emphasize this once more seeing as it took pretty much the entirety of Oppo piling on for you to call the cops: go to the doctor and get checked out thoroughly!!!!!!!

Yes. You are correct. You guys are a PITA :)

VincentMalamute-Kim > E90M3
11/26/2019 at 13:15

Cop said they already have him on the drug charges. He didn’t ask if I wanted to press charges myself . He said the DA will tell me what to do if I want to sue.

smobgirl > VincentMalamute-Kim
11/26/2019 at 13:16

If I had the time I probably would, but I wouldn’t expect to ever get anything out of it.

Did you see a doctor yet? There’s always a small chance that neck injuries can linger, so I’d want that paperwork available just in case. You can always delay a decision on a lawsuit (obviously within a statue of limitations) to make sure its going to heal up uneventfully.

VincentMalamute-Kim > Cash Rewards
11/26/2019 at 13:18

Good point about the next guy. Al though the cop didn’t ask if I wanted to press charges, just if I wanted to sue.

Cash Rewards > VincentMalamute-Kim
11/26/2019 at 13:20

They might not need your cooperation if they have the other witness

McMike > VincentMalamute-Kim
11/26/2019 at 13:24

Guy has no insurance

Driving around without insurance and on drugs? H is pockets probably aren’t that deep.

It’s likely the only thing of value he had was that truck, and it’s gone.

I would also be torn. “HOW DARE YOU!!!!” type revenge... then I would feel bad the next day. Then I wouild be upset again by lunch because that motherfucker was driving high without insurance and could have killed me., repeat.

Good luck.

VincentMalamute-Kim > McMike
11/26/2019 at 13:29

Then I wouild be upset again by lunch because that motherfucker was driving high without insurance and could have killed me., repeat.

yeah, I’m now starting to realize how badly he could have done me or someone else. Or in the future.

ITA97, now with more Jag @ opposite-lock.com > CarsofFortLangley - Oppo Forever
11/26/2019 at 13:32

Details of specific situations aside (and in the no money/no assets thing you have to weigh out how worthwhile it might be, likelihood of recovery versus cost to do so versus to time to recover, ect... ), in the states that judgement makes you a judgement creditor, which is a powerful place to be. The judgement will get picked up by credit bureaus as a derogative public record, which will sink their credit score for a long time. There is the ability to attach any bank accounts, the ability to have a county sheriff/constable seize and sell personal property, the ability to place a lien against any real property they might own (which will really piss off a mortgage holder and prevent them from ever selling the place until you get yours), and in most states the ability to garish wages (25% of their wages above minimum wage). Depending on the state, but judgments usually have something along the lines 10-15 statue of limitations (and they can often be renewed), so there is a long time to collect. The only way they go away is via bankruptcy (unless they are the result of fraud, or federal student loans). The danger of no money/no assets is they have no incentive to not to file for bankruptcy. Anyone with something to lose in bankruptcy usually has an incentive to workout a deal with a judgement creditor.

OPPOsaurus WRX > VincentMalamute-Kim
11/26/2019 at 13:39

Do your research and see if there is water in the well. Guy could just be a piece of shit that has money but doesn’t like playing by the rules. You shouldn’t feel bad for his bad decisions. I’m guess ing he doesn’t feel bad for what he has done.

VincentMalamute-Kim > OPPOsaurus WRX
11/26/2019 at 13:41

You shouldn’t feel bad for his bad decisions. I’m guessing he doesn’t feel bad for what he has done.

Good point . I’m always thinking people think the way I do. And I’m always surprised.

facw > VincentMalamute-Kim
11/26/2019 at 14:34

I’d file a claim with my insurance, and let them decide if it’s worth suing to recover their payout. I’m guessing he doesn’t have much in assets, but who knows. Either way, nicer to let someone else handle it.

GLiddy > VincentMalamute-Kim
11/26/2019 at 15:29

Go talk to one of those billboard personal injury lawyers. They will tell you in the first consultation if anything is there that money can be gotten out of. You don’t want to sue this guy on a fee basis or on your own. Its such a G-D hassle to do it yourself, and you’ll never collect anyway. I got hit by an uninsured teen and although the car was insured, the company did not pay out because he was “not an authorized driver”. My insurance company tried to collect but gave up and sent me a letter saying that I was free to sue for my deductible.

RallyDarkstrike - Fan of 2-cyl FIATs, Eastern Bloc & Kei cars > VincentMalamute-Kim
11/26/2019 at 16:20

I would sue him....he’s arrested, but he’s got to learn a huge lesson somehow. He endangered your life, possibly injured you more than you currently realize (you never know with an accident) and destroyed your property.

wafflesnfalafel > VincentMalamute-Kim
11/26/2019 at 16:31

A re you 100% sure he owns the truck? If there is another owner involved they may be worth pursuing as well. If it was maybe his girlfriend’s or a relative’s truck and he was a permissive operator, (they let him use the truck,) then that may be another avenue.

Dr. Zoidberg - RIP Oppo > VincentMalamute-Kim
11/26/2019 at 16:41

Forget it. Go to the doctor, start your recovery, lick those ones, and open about 30 Craigslist ads.

pip bip - choose Corrour > VincentMalamute-Kim
11/27/2019 at 03:09

definitely sue him

VincentMalamute-Kim > GLiddy
11/27/2019 at 16:09

yeah, I’m more interested in keeping my own life hassle-free than money.

VincentMalamute-Kim > facw
11/27/2019 at 16:12

I only have liability coverage. It’s a 1998 Forester. And I bought it back from State Farm after they gave me $3K last year for another accident where I’m minding my business at red light. .