What to do if a friend’s car was hit in a parking lot by a driver that then fled the scene?

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What to do if a friend’s car was hit in a parking lot by a driver that then fled the scene?

My friend witnessed this from inside a building where the driver had been a patron. The business was able to provide my friend with the driver’s name and credit card number. What steps can my friend take to get information about this person?

Asked on July 22, 2013 under Accident Law, Alabama

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your friend should contact the police.  The driver will be arrested and charged with hit and run.

Your friend should also contact his/her auto insurance company.  From the police report, it will be determined whether or not the hit and run driver had auto insurance.  If the hit and run driver had auto insurance, your friend can file a property damage claim with the at-fault party's insurance carrier.

If the hit and run driver did NOT have auto insurance and your friend has uninsured motorist coverage on his/her policy, your friend can file an uninsured motorist claim through his/her own insurance company to have the car repaired.

If the hit and run driver did not have auto insurance and your friend does not have uninsured motorist coverage, your friend will need to sue the hit and run driver for negligence.  Your friend's damages will be the cost of repairs to the car.  Depending on the amount of damage, your friend might be able to file the lawsuit in Small Claims Court.  After obtaining a judgment against the at-fault party, your friend should seek a wage garnishment against the at-fault party to enforce the judgment.


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