I wish it's as simple as that. You have to realize the kid's insurance company isn't going to pony up the cash without a fight. Even with police report the insurance won't easily give in without a fight. Eventually the case will settle through an arbitrator or ultimately settle through court. Since the damage is minor the case will probably settle through arbitration. I was involved an accident recently with police report assigning fault to the guy behind me but the insurance companies disagreed. Eventually they worked out the case between themselves. They didn't agree with the police report and assigned the fault to the 2nd and 3rd car behind me. The 3rd car's insurance is non-responsive and would not return any calls. The accident was 4 months ago and it's still open. You won't be receiving a check for your deductable until your insurance is able to recover the amount. It might be month before you see your money back. Insurance company is a big scam if you ask for my opinion.
Police report certainly help the case but it isn't de facto fact. It's a pretty lengthy and ugly process if the other party doesn't want to play nice. Besides a good lawyer can make fiction into reality and that's why they get paid the big bucks. In your case there seem to be a lot of play room since he was not directly involved with your accident. That's assuming he's not a car thief and he owns insurance.
Not to rain on your parade. Just giving you some heads up and I hope the other's partys insurance is a stand up one.
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Originally Posted by bmwexecutive
You do realize he left the scene of an accident, don't you? If I recall, that's a misdemeanor crime, which has a maximum punishment of up to 12 months in jail. Did you forget about that? And, as the police officer explained to me, it doesn't even matter that I ran into the F150. It was ultimately caused by the black SUV that kid was driving who fled. This will be pinned on him. Trust me, the police officier who assisted me told me most everything I needed to know, including that I have a possibility of being able to sue him. The cop booked the report under Road Rage, which clears me of any wrongdoing (my not getting a ticket reaffirms that), and put out an APB on the kid. At the time, he said they had 5 units scanning the nearby streets for his car. I imagine by the time I wake up tomorrow I'll be getting a call from the Clearwater Police department saying that I need to come in to identify this guy.
Also, the kid being charged with Reckless Endangerment/Reckless Driving is also still on the table, which can be a felony and means his license will be suspended. I'm not sure how that will play out. Bottom line is, like I said, I will be getting the last laugh because I have the support of the justice system; he doesn't. Whatever he ends up getting charged for, I'll let you guys know, but the cop said there's no question he'll be hit with "leaving the scene of an accident."
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