Should I just let my insurance handle things after an at fault hit and run? 16 Answers as of March 08, 2013

My daughter was involved in a parking lot accident. Video shows she pulled out in front of someone that hit her and left the scene. They found the other person but say that he has "special needs" I shouldn't do anything legally. I'm upset at the whole situation. If he would have stopped instead of charging forward, maybe her car would be less damaged and not possibly totaled. Should I contact a lawyer or just let my insurance handle things?

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Durham Jones & Pinegar | Erven Nelson
I suggest that you contact a personal injury lawyer to help you sort out the facts and legal issues.
Answer Applies to: Nevada
Replied: 3/8/2013
Kelly & Soto Law
Kelly & Soto Law | Michael Kelly
Up to you. You could enlist the aid of an attorney to dispute fault, however, insurance companies staff people to take care of these issues. If you are not dealing with anything out of pocket, you might just let the insurance company handle this.
Answer Applies to: Massachusetts
Replied: 3/7/2013
Law Offices of Mark West
Law Offices of Mark West | Mark West
If your daughter is not making any claim then you should just let your insurance company handle her defense. If your daughter wants to pursue some claim you should contact an attorney for that. Your insurance defense lawyer is not there to press your claim but only to defend the claim against your daughter.
Answer Applies to: California
Replied: 3/6/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
As long as your daughter was not hurt, then let the insurance company deal with the repairs. That is what you pay for.
Answer Applies to: Michigan
Replied: 3/6/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
This country is full of hit and run stupid people. That is the posture of a lot of young folks now. If they cause an accident they run. If your child is hurt, get a lawyer and press any way you can. If it is just a matter of property damage the insurance co will likely be able to deal with it and maybe even recover your deductible.
Answer Applies to: North Carolina
Replied: 3/6/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    The fact that the other driver may be "special needs" is not relevant. He has to pass the same driving test like anyone else, follow the rules of the road like anyone else and is not held to some lesser degree of care compared to anyone else driving a car. So, you can sue him if you wish. However, the easiest and simplest way is to just let your insurance company handle it. Assuming the other driver was insured, the insurance companies typically must submit all claims to mandatory inter-company arbitration (which will not involve you) and the matter will be done. Even if the other guy didn't have insurance, your insurance will pay your claim and then it may go after the other driver individually, and by law, if it recovers, it must also reimburse moneys to you for your deductible.
    Answer Applies to: Ohio
    Replied: 3/6/2013
    Law Offices of Sandeep G. Agarwal
    Law Offices of Sandeep G. Agarwal | Sandeep G. Agarwal
    I would both contact a lawyer who specializes in handling auto accident claims as well as notifying your insurance company.
    Answer Applies to: California
    Replied: 3/6/2013
    Law Office of Savyon Grant
    Law Office of Savyon Grant | Savyon Grant
    You need to contact an attorney.
    Answer Applies to: New Jersey
    Replied: 3/6/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Let the insurance handle it. First, it sounds as if it is your daughter's fault. Second, after you may pay an attorney more to handle it than the damage.
    Answer Applies to: South Carolina
    Replied: 3/6/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    For purposes of this answer, I'm presuming your daughter wasn't hurt and all you have is property damage. If it was the other person's fault, their insurance should step up, regardless of the "special needs" of the driver. If they won't step up and you have collision insurance, make a claim with your company and let them worry about getting their money back.
    Answer Applies to: Alabama
    Replied: 3/6/2013
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    That's why God made insurance.
    Answer Applies to: California
    Replied: 3/6/2013
    John Russo | John Russo
    Lawyer, they get nothing unless you do and you will always get more with then without, also don't talk to anyone until you speak to an attorney don't have your daughter give any statements, and if the other insurance carrier calls you this is what you say PERIOD, I have an attorney they will be contacting you, whats their name, I have an attorney they will contact you, we need their name, I have an attorney they will contact you, getting my point here. was your daughter injured, I have a blah blah. Stay with the program.
    Answer Applies to: Rhode Island
    Replied: 3/6/2013
    Gates' Law, PLLC | Thomas E. Gates
    If you cannot be made whole from your insurance company, then retain an attorney. The fact he is special needs does not matter, he still was issued a driver's license and must obey the rules of the road. I would seek to have him charged with hit and run.
    Answer Applies to: Washington
    Replied: 3/6/2013
    WEISSMAN LAW FIRM
    WEISSMAN LAW FIRM | I.Donald Weissman
    Your insurance will handle the damage to your vehicle and any claim against you by the other driver. Your insurance will not handle any claim you may have against the driver for personal injuries or to cover the deductible for repair of your vehicle. See a lawyer.
    Answer Applies to: California
    Replied: 3/6/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    If we had a clearer idea of what the 'special needs' of the wrongdoer are, we could measure out the required amount of compassion. Not knowing this, I'd use this rule of thumb: if your damages are likely to be greater than $10,000.00, see a lawyer. If less, either rely on your insurance company or sue the wrongdoer (fancy legal word: tortfeasor) in small claims court.
    Answer Applies to: Wisconsin
    Replied: 3/6/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Yes.
    Answer Applies to: Florida
    Replied: 3/6/2013
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