If the accident report from a hit and run did not include any identifying info that I provided about the other vehicle, can I pursue this civilly?
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If the accident report from a hit and run did not include any identifying info that I provided about the other vehicle, can I pursue this civilly?
I was involved in a hit and run. I called police and provided a wealth of info about the other car (make, model, color, partial plate, and the business’s name). After hearing nothing from the officer, I picked up the accident report. Absolutely none of the info I provided is on there. No summons were issued so imagine this is a closed matter to them. Can I even pursue this in civil court? I have collision coverage but I’m upset that the police did not record my information.
Asked on April 25, 2012 under Accident Law, Virginia
Answers:
Darren Delafield
Answered 11 years ago | Contributor
Have you provided the information to you insurance carrier? If so, your insurance company will pay to have the vehicle repaired. It will then sue the company that owned the other vehicle. Virginia allows you to sue a company that damaged your property even if you cannot identify the actual employee. The cause of action is a "trespass to chattels." You need to seek the cooperation of your insurance carrier. If it has paid for any of the damages, it likely has a claim for subrogation.
If you believe the crime is not being properly investigated, you should speak with your local Commonwealth Attorney, Sheriff, of Police Chief.
Were you injured? You question indicates that only the vehicle was damaged.
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