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Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

5.9K views 43 replies 25 participants last post by  El Mamito USMC  
#1 ·
Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

I hope this has never happened, or will happen to any of you!!

On Thursday 7/11/13 at approx 6:00pm I was involved in a front-end collision at
the corner of Keller Springs Road & Dallas North Parkway (in Dallas, TX). I was
waiting at a red light, and as the light turned green, I began to
accelerate (as normal) my 2008.5 Nissan Titan and was hit by a 2012 Kia Sportage who
attempted to run the red light heading eastbound on Keller Springs,
disabling the front end of the driver's side of my truck. I exchanged
insurance information with the deuche, called the police/tow
truck, and since I was taking almost 2 lanes of traffic (obstructioN) we both moved our vehicles out of the intersection, I
pulled into a parking lot while the dude fled the scene before
police arrived. Once Dallas Police arrived, they looked up his
information and disclosed that he had a suspended license, which
constitutes a warrant for his arrest, which is probably why he fled
the scene. Two police reports were filed, one for the motor vehicle
accident, the other for a "hit and run". Currently both my insurance
company and his insurance company are awaiting the police report (the
criminal report has been sent to both insurance companies) for his
insurance company to accept full liability/at fault. I have a witness
of the accident will all contact information and a written
statement/declaration of what happened. but now his insurance (affirmative insurance) is trying to give me the run around before they accept liability because they "cannot reach their insured to obtain" a statement.


My response to their insurance guy was: "Well no sh!t. If he didnt want to talk to the cops, what the hell makes you think he's gonna talk to you?"

Anyways, the kid is like 19 or 20, works at Chill's (his freaken name is on his shirt) and is now not answering phone calls from his insurance.

I filed an injury claim as my shoulder and lower back of the neck area started cramping up the next day during a conference call meeting at work. $300 bucks later after a Dr's visit and some muscle relaxers/pain killers I was sound asleep.

I'm consulting a lawyer as we speak, but what pisses me off is that i'm 3 payments away from paying the truck off completely!!! I could care less about what happens to he punk *** kid, I'm more pissed off at the fact that in september I get the title mailed to me. and now this...


Now, I didnt go thru my insurance as I was not at fault, and didnt feel like paying the deductable....lol, so the run around has begun with their bull**** insurance company.


anyways, I figured I'd share the pics with you...


any tips, advice, suggestions, etc about how I can proceed is greatly appreciated.








 
#2 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

man that sucks. my $.02, the kid will probably claim he didnt flee, he gave you the insurance info and thought you guys were done. doesnt really matter, you may be able to get restitution criminally from the DWLSR even if they dont file on the hit and run, and he has insurance. looks like a new front bumper, end cap, misc mounting brackets, and insurance adjuster will probably say that you need a new driver front quarter panel although you may be able to straighten it and you can pocket the money.

bottom line, at least you were not hurt, everything else can be fixed.
 
#3 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

That sucks, is the wheel just turned or did the suspension/steering get damaged as well?
 
#4 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

Awww man that sucks sorry to hear about it. I think you have it covered. I just had something similar happen to me. What a douche! Good luck with everything, at least the damage doesn't look to be too bad meaning it didn't get the suspension.


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#5 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

How is it considered a hit and run if you two exchanged insurance information? There is no law that I know of that you have to wait for the police..............
 
#7 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

How is it considered a hit and run if you two exchanged insurance information? There is no law that I know of that you have to wait for the police..............
You have to give proper notification. That means exchanging info, etc. If he tried to leave its the same as leaving.


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#6 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

.... Now, I didnt go thru my insurance as I was not at fault, and didnt feel like paying the deductable....lol, ....
This is your mistake... I'm finally wrapping up from a similar situation. The difference is I chased down the punks, took pictures of their Tag, Car, and Them, then I told them they can "Run" now if they want but they'll likely get arrested later if they do. Fortunately for me the kid is insured by USAA so they have been working with me but, my Insurance is also aware and willing to help out with anything that USAA is rejecting. Your Insurance Company is supposed to be working for You, I know alot don't and that poor experience as you are describing is exactly why I changed from 25yrs with Allstate over to Geico and Geico hasn't tried to jack my rates like that and we've had severe hail damage claims this year.
 
#8 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

Make the claim with your insurance and let them subrogate. Most will waive the deductible if the accident report shows the other party as violating an ordinance or law.
Keep track of your mileage and hours spent on this deal. Get a notebook and write down everything. This will help your attorney a bunch.


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#16 · (Edited)
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

Make the claim with your insurance and let them subrogate. Most will waive the deductible if the accident report shows the other party as violating an ordinance or law.
Keep track of your mileage and hours spent on this deal. Get a notebook and write down everything. This will help your attorney a bunch.


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This is what I was going to recommend. Talk to your insurance, and go through your insurance if you have to, they'll recover the money from the other guy's insurance. Then you sue the guy and his insurance company for everything you're out, plus whatever your insurance didn't pick up, pain & suffering, loss of work, etc.

Did the police report note what happened? Did it assign fault?

This whole thing is one reason my vehicle doesn't move unless I'm on an interstate and could get killed sitting there. If I'm on a side street, everyone can go around us until the cops see it and tell me to move the vehicle.

PS: I see you said that the police report isn't ready. Don't worry, once the report comes out, his insurance will be begging you to settle. No insurance company does anything without the report, unless you are getting it done under your own insurance. They have no way of knowing that it's their insured's fault unless a)he tells them, or b)the police tell them.
 
#10 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

Definitely report all this to your insurance. Screw your deductible, you pay for it, make them earn the damn fee and get your truck repaired otherwise be prepared for a lot more of a runaround. Don't be surprised if the kid's insurance denies your claim. . .
 
#14 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

Mark, it's a Felony because he was driving with a suspended license, and technically he left the scene after committing a crime.
I already posted the law on this Pops. If the driver gave the OP all his information, and nobody was seriously injured, he is allowed to leave.
 
#17 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

I was sitting stationary at a stop sign and I was hit head on. Everyone was fine and I just wanted my truck fixed.

She had moved her car after the accident since she was blocking traffic, I had both kids in the truck and wanted to get out of the right-of-way as well so we pulled into a dentist offices' parking lot and waited for the PD. They took a report, she explained her side and I explained mine. We were both in agreement as to whom was at fault as were the officers. I was interviewed by my insurance and hers, hers was trying to get me to slip up, I could tell.

I ended up being 25% liable for the accident after it went to internal arbitration (even though PA is a no fault state). When I asked how this is possible I was told that they couldn't prove I wasn't moving and that I didn't try to avoid the accident. I asked them how I was supposed to avoid being hit head on while being stationary to which they replied "our decision is final and this is all we can do for you, if you'd like to file a civil suite and recoup your losses that way you can".

Thank you for nothing. I have to sue someone to get a deductible back now? Jeeze, what do you think that will cost??
 
#19 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

I was sitting stationary at a stop sign and I was hit head on. Everyone was fine and I just wanted my truck fixed.

She had moved her car after the accident since she was blocking traffic, I had both kids in the truck and wanted to get out of the right-of-way as well so we pulled into a dentist offices' parking lot and waited for the PD. They took a report, she explained her side and I explained mine. We were both in agreement as to whom was at fault as were the officers. I was interviewed by my insurance and hers, hers was trying to get me to slip up, I could tell.

I ended up being 25% liable for the accident after it went to internal arbitration (even though PA is a no fault state). When I asked how this is possible I was told that they couldn't prove I wasn't moving and that I didn't try to avoid the accident. I asked them how I was supposed to avoid being hit head on while being stationary to which they replied "our decision is final and this is all we can do for you, if you'd like to file a civil suite and recoup your losses that way you can".

Thank you for nothing. I have to sue someone to get a deductible back now? Jeeze, what do you think that will cost??
I would contact the Insurance Commissioner to see what they say.
 
#18 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

How does someone with a suspended license have insurance?

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#22 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

How does someone with a suspended license have insurance?

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There license can be suspended after the policy is active, and/or the driver can file a SR22 form from the insurance company if the prior offense was minor. Depends on the insurance company.

I tell you what, I would rather have a suspended driver have insurance than not.
 
#21 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

Ahhh... I once had a deal like that. It was frustrating but not worth the hassle, still ticks me off I let the guy leave thinking that since I had everything it would've been covered while I waited on the police for 4-hrs to arrive and fill out a report. The OP's damage would be well worth pursuing.
 
#23 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

Ahhh... I once had a deal like that. It was frustrating but not worth the hassle, still ticks me off I let the guy leave thinking that since I had everything it would've been covered while I waited on the police for 4-hrs to arrive and fill out a report. The OP's damage would be well worth pursuing.
I more or less added up my lost work time, kids doctor visit, deductible, then looked at the time a lawyer would need to put together a civil case, the timing of it etc. and really saw no value in pursing this woman. She lives down the street from our day care and lives a very modest life. Her husband walked up the street apologized and looked a bit defeated because I think he thought I was going to go after them or something. I told him the important things were safe, my kids and his wife and the rest is just paint and body work.

The cop looked at me then looked at my truck and mentioned he was quite surprised by my answer because I have some time and money tied up in the T. I told him not everyone sees the bigger picture and he agreed then asked me to design a deck for his house :lol:

OP should definitely get his truck fixed and let the insurance companies battle it out, that is why they get the big bucks :lol:
 
#25 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

how the hell did nothing happen to that KIA??? maybe Nissan should beef up the bumpers a lil bi.
sorry this happend to ya OP
 
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#27 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

If it was my Titan I would be visiting Chill's every day. Things would get resolved real quick.
 
#28 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

My neck, my back, my neck and my back.
 
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#31 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

Thanks everyone for all the info/advice/suggestions.

I'm meeting with the attorney tomorrow afternoon to see what he can dig up. based on the info he has so far, he said there's definately a strong case. One thing he mentioned (the lawyer) is that busy intersections like that have cameras mounted that record video 24/7, and don't just go off when someone runs a light. Some of you may have gotten a citation in the mail with a link to a police site where they have a video uploaded of you not making a full stop, running a red light, making a turn when it says "no turn on red" etc.

He said he'll request a copy of the video from he city that will definately prove what happened. I also have a witness (the gentleman) behind me who has already given his written statement/declaration and has talked to both insurance companies and has recorded his version with each.

The "accident' report will be available by the end of the week. Once that's finalized, then the lawsuit begins.

I've been in wrecks before, and it's been a quick, simple, and done process. they admit fault, they setup the rental, i pick the body shop, vehicle gets repaired, detailed, etc. and boom. done.

this has been a PITA, and honestly I just want my damn truck fixed. I also want reimbursement of my Oakley's that I broke when I threw them across the parking lot out of rage when the mofo left! LOL

Don't worry. I'm going to his insurance until tomorrow at noon, or else I'm calling up some homies, and we're gonna do a lunch or happy hour at every chilli's in north dallas.


stay tuned.....................
 
#33 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

UPDATE: I just picked up my Titan from the shop today, and looks great. looks new!! they did a good job on the body work/bumper, but I notice a small "shake" on the bumper when the truck is on. I never actually put my hands on the bumper before the wreck, so if any of you get a chance, put your hand on your bumper and see if it shakes (more than normal).
 
#34 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

UPDATE: I just picked up my Titan from the shop today, and looks great. looks new!! they did a good job on the body work/bumper, but I notice a small "shake" on the bumper when the truck is on. I never actually put my hands on the bumper before the wreck, so if any of you get a chance, put your hand on your bumper and see if it shakes (more than normal).
Mine shakes a little... Then again I too was in a similar front end collision lol


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#37 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

Man that's sucks bro ya I would follow up with your insurance and I might invest in a Kia after those pics, that thing just has a few scratches lol


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#41 ·
Re: Jerk plows into the front of my Titan - Now considered a "Felony Hit and Run"

Glad the truck got fixed and everything worked out.

I'm a Texas cop, that wasn't a hit and run. Y'all exchanged info and that's all that he was required to do. He beat feet because:

A) he didn't want to get the ticket for driving while license invalid (which btw is only a class C misdemeanor NOT a felony)
B) he had outstanding warrants
C) he's a knucklehead