Unique Hit and Run Situation

Non-investing personal finance issues including insurance, credit, real estate, taxes, employment and legal issues such as trusts and wills
Post Reply
Topic Author
boogiehead
Posts: 118
Joined: Wed Sep 27, 2017 11:45 pm

Unique Hit and Run Situation

Post by boogiehead » Thu Apr 11, 2019 11:29 am

My dad was in the parking lot and his car got side swiped by a hit and run driver. A nearby shop owner saw the car and license plate so we reported to our insurance. It was an elderly lady who had a special handicap license plate where they have "DP" designation in California. When we reported to the insurance they told us since she has a special handicap license plate that those cannot be run or traced. Has this happened to anyone before and it seems like there is basically nothing we can do to track down the driver?

BusterMcTaco
Posts: 336
Joined: Tue Jul 11, 2017 6:36 pm

Re: Unique Hit and Run Situation

Post by BusterMcTaco » Thu Apr 11, 2019 11:31 am

Why not report to the police? It is a crime.

Ed_Sandwich
Posts: 134
Joined: Mon Mar 20, 2017 12:47 pm

Re: Unique Hit and Run Situation

Post by Ed_Sandwich » Thu Apr 11, 2019 1:46 pm

BusterMcTaco wrote:
Thu Apr 11, 2019 11:31 am
Why not report to the police? It is a crime.
+1

Scrapr
Posts: 330
Joined: Sun May 09, 2010 9:19 am

Re: Unique Hit and Run Situation

Post by Scrapr » Thu Apr 11, 2019 2:41 pm

I'm pretty sure insurance will need an accident report. If you have the license you can use that I think. We file our accident reports w/DMV

User avatar
Earl Lemongrab
Posts: 7270
Joined: Tue Jun 10, 2014 1:14 am

Re: Unique Hit and Run Situation

Post by Earl Lemongrab » Thu Apr 11, 2019 2:43 pm

BusterMcTaco wrote:
Thu Apr 11, 2019 11:31 am
Why not report to the police? It is a crime.
I can't speak for every jurisdiction, but years ago when someone hit my old truck in a parking lot the police said it was not a crime. Only hit and run on the public streets came under that. A lot is private property. They did run the plates for us and gave us the information.

HomeStretch
Posts: 2931
Joined: Thu Dec 27, 2018 3:06 pm

Re: Unique Hit and Run Situation

Post by HomeStretch » Thu Apr 11, 2019 2:46 pm

Agree with filing police report.

Disclosures about holders of handicapped license plates may be subject to HIPAA privacy laws. Law enforcement may need to file a request to obtain info.

Broken Man 1999
Posts: 3472
Joined: Wed Apr 08, 2015 11:31 am

Re: Unique Hit and Run Situation

Post by Broken Man 1999 » Thu Apr 11, 2019 2:49 pm

boogiehead wrote:
Thu Apr 11, 2019 11:29 am
My dad was in the parking lot and his car got side swiped by a hit and run driver. A nearby shop owner saw the car and license plate so we reported to our insurance. It was an elderly lady who had a special handicap license plate where they have "DP" designation in California. When we reported to the insurance they told us since she has a special handicap license plate that those cannot be run or traced. Has this happened to anyone before and it seems like there is basically nothing we can do to track down the driver?
I should think that whatever county/state agency sells auto tags would certainly issue handicap auto tags as well. I have a "disabled" auto tag, and a mirror hang-tag, both issued by my county's tax collector office.

Think of this, if a disabled person's auto tag couldn't be traced, criminals would be using them.

But, why search, let the appropriate law enforcement entity look for the woman, after you file a report.

Broken Man 1999
“If I cannot drink Bourbon and smoke cigars in Heaven than I shall not go. " -Mark Twain

johnubc
Posts: 738
Joined: Wed Jan 06, 2010 6:54 am

Re: Unique Hit and Run Situation

Post by johnubc » Thu Apr 11, 2019 3:27 pm

HomeStretch wrote:
Thu Apr 11, 2019 2:46 pm
Agree with filing police report.

Disclosures about holders of handicapped license plates may be subject to HIPAA privacy laws. Law enforcement may need to file a request to obtain info.
No, HIPAA privacy laws and license plates have nothing in common. Nothing about the license plate will disclose any private information (in regards to medical information).

bob60014
Posts: 1233
Joined: Mon Jul 31, 2017 8:59 pm
Location: The Land Beyond ORD

Re: Unique Hit and Run Situation

Post by bob60014 » Thu Apr 11, 2019 3:36 pm

johnubc wrote:
Thu Apr 11, 2019 3:27 pm
HomeStretch wrote:
Thu Apr 11, 2019 2:46 pm
Agree with filing police report.

Disclosures about holders of handicapped license plates may be subject to HIPAA privacy laws. Law enforcement may need to file a request to obtain info.
No, HIPAA privacy laws and license plates have nothing in common. Nothing about the license plate will disclose any private information (in regards to medical information).
In many instances it is covered, and you need a lawyer to determine the rules at times, but the HIPAA rules do not apply for law enforcement investigative reasons such as this, should one occur.

User avatar
dm200
Posts: 22351
Joined: Mon Feb 26, 2007 2:21 pm
Location: Washington DC area

Re: Unique Hit and Run Situation

Post by dm200 » Thu Apr 11, 2019 3:43 pm

boogiehead wrote:
Thu Apr 11, 2019 11:29 am
My dad was in the parking lot and his car got side swiped by a hit and run driver. A nearby shop owner saw the car and license plate so we reported to our insurance. It was an elderly lady who had a special handicap license plate where they have "DP" designation in California. When we reported to the insurance they told us since she has a special handicap license plate that those cannot be run or traced. Has this happened to anyone before and it seems like there is basically nothing we can do to track down the driver?
If he files under his collision coverage (assuming he has collision) - then his insurance company will have a financial incentive to locate the woman.

Depending on what type of parking lot this is, seems likely that this woman may be a regular. Stop back there at about the same time - and see if she has "returned to the scene of the crime".

I suspect that these plates can be traced - just a matter of how and by whom. Maybe talk to folks like auto repo guys/gals or similar.

User avatar
jabberwockOG
Posts: 1828
Joined: Thu May 28, 2015 7:23 am

Re: Unique Hit and Run Situation

Post by jabberwockOG » Thu Apr 11, 2019 3:59 pm

Any time someone damages your personal property intentionally or unintentionally they are liable and therefore should have stopped and notified you of the accident or left contact info.

I'd file with your insurance under your comprehensive coverage and let them chase the driver if they so desire. This type of claim should have no effect on your rates.

iamlucky13
Posts: 1522
Joined: Sat Mar 04, 2017 5:28 pm
Location: Western Washington

Re: Unique Hit and Run Situation

Post by iamlucky13 » Thu Apr 11, 2019 4:30 pm

Earl Lemongrab wrote:
Thu Apr 11, 2019 2:43 pm
BusterMcTaco wrote:
Thu Apr 11, 2019 11:31 am
Why not report to the police? It is a crime.
I can't speak for every jurisdiction, but years ago when someone hit my old truck in a parking lot the police said it was not a crime. Only hit and run on the public streets came under that. A lot is private property. They did run the plates for us and gave us the information.
Interesting. From what I see searching this varies by state. It sounds like courts generally hold that if statutes do not specifically define hit and run as only a crime on public roads, then it can be treated as a crime on private property.

Either way, that only affects criminal reporting. Civil liability for the property damage still exists. However, law enforcement isn't likely to get involved in that. You would likely have to go to court to get anywhere. If what the insurance company says is true, that may even include just finding out who the other party is.

User avatar
dm200
Posts: 22351
Joined: Mon Feb 26, 2007 2:21 pm
Location: Washington DC area

Re: Unique Hit and Run Situation

Post by dm200 » Fri Apr 12, 2019 8:12 am

jabberwockOG wrote:
Thu Apr 11, 2019 3:59 pm
Any time someone damages your personal property intentionally or unintentionally they are liable and therefore should have stopped and notified you of the accident or left contact info.

I'd file with your insurance under your comprehensive coverage and let them chase the driver if they so desire. This type of claim should have no effect on your rates.
I believe this would be covered under collision, not comprehensive.

bberris
Posts: 1303
Joined: Sun Feb 20, 2011 9:44 am

Re: Unique Hit and Run Situation

Post by bberris » Fri Apr 12, 2019 8:50 am

This was my experience with the police "investigation" of a hit and run. My son was rear-ended, got the license plate number, and driver took off. The police knocked on the door of the registered address, were told that the owner of the car did not live there any more. Police would not disclose any information. Case closed.

Jags4186
Posts: 3915
Joined: Wed Jun 18, 2014 7:12 pm

Re: Unique Hit and Run Situation

Post by Jags4186 » Fri Apr 12, 2019 8:58 am

dm200 wrote:
Thu Apr 11, 2019 3:43 pm
boogiehead wrote:
Thu Apr 11, 2019 11:29 am
My dad was in the parking lot and his car got side swiped by a hit and run driver. A nearby shop owner saw the car and license plate so we reported to our insurance. It was an elderly lady who had a special handicap license plate where they have "DP" designation in California. When we reported to the insurance they told us since she has a special handicap license plate that those cannot be run or traced. Has this happened to anyone before and it seems like there is basically nothing we can do to track down the driver?
If he files under his collision coverage (assuming he has collision) - then his insurance company will have a financial incentive to locate the woman.

Depending on what type of parking lot this is, seems likely that this woman may be a regular. Stop back there at about the same time - and see if she has "returned to the scene of the crime".

I suspect that these plates can be traced - just a matter of how and by whom. Maybe talk to folks like auto repo guys/gals or similar.
I believe I have have had this discussion with you on another thread, but depending where you live you should file this under your UM coverage not collision.

Jags4186
Posts: 3915
Joined: Wed Jun 18, 2014 7:12 pm

Re: Unique Hit and Run Situation

Post by Jags4186 » Fri Apr 12, 2019 8:59 am

bberris wrote:
Fri Apr 12, 2019 8:50 am
This was my experience with the police "investigation" of a hit and run. My son was rear-ended, got the license plate number, and driver took off. The police knocked on the door of the registered address, were told that the owner of the car did not live there any more. Police would not disclose any information. Case closed.
There doesn’t need to be a case. You have the license plate. You call your insurance company. They can find the driver’s insurance information. If they do not have insurance you file under UM.

User avatar
dm200
Posts: 22351
Joined: Mon Feb 26, 2007 2:21 pm
Location: Washington DC area

Re: Unique Hit and Run Situation

Post by dm200 » Fri Apr 12, 2019 9:01 am

Jags4186 wrote:
Fri Apr 12, 2019 8:58 am
dm200 wrote:
Thu Apr 11, 2019 3:43 pm
boogiehead wrote:
Thu Apr 11, 2019 11:29 am
My dad was in the parking lot and his car got side swiped by a hit and run driver. A nearby shop owner saw the car and license plate so we reported to our insurance. It was an elderly lady who had a special handicap license plate where they have "DP" designation in California. When we reported to the insurance they told us since she has a special handicap license plate that those cannot be run or traced. Has this happened to anyone before and it seems like there is basically nothing we can do to track down the driver?
If he files under his collision coverage (assuming he has collision) - then his insurance company will have a financial incentive to locate the woman.

Depending on what type of parking lot this is, seems likely that this woman may be a regular. Stop back there at about the same time - and see if she has "returned to the scene of the crime".

I suspect that these plates can be traced - just a matter of how and by whom. Maybe talk to folks like auto repo guys/gals or similar.
I believe I have have had this discussion with you on another thread, but depending where you live you should file this under your UM coverage not collision.
ok - :oops:

User avatar
rh00p
Posts: 87
Joined: Fri Jan 11, 2019 1:21 am

Re: Unique Hit and Run Situation

Post by rh00p » Fri Apr 12, 2019 9:18 am

Earl Lemongrab wrote:
Thu Apr 11, 2019 2:43 pm
BusterMcTaco wrote:
Thu Apr 11, 2019 11:31 am
Why not report to the police? It is a crime.
I can't speak for every jurisdiction, but years ago when someone hit my old truck in a parking lot the police said it was not a crime.
You're not filing a criminal report, you're filing an accident report. 😉
Preparing for the worst. Hoping for the best.

Trader Joe
Posts: 1269
Joined: Fri Apr 25, 2014 6:38 pm

Re: Unique Hit and Run Situation

Post by Trader Joe » Fri Apr 12, 2019 9:20 am

boogiehead wrote:
Thu Apr 11, 2019 11:29 am
My dad was in the parking lot and his car got side swiped by a hit and run driver. A nearby shop owner saw the car and license plate so we reported to our insurance. It was an elderly lady who had a special handicap license plate where they have "DP" designation in California. When we reported to the insurance they told us since she has a special handicap license plate that those cannot be run or traced. Has this happened to anyone before and it seems like there is basically nothing we can do to track down the driver?
File a police report.

User avatar
jabberwockOG
Posts: 1828
Joined: Thu May 28, 2015 7:23 am

Re: Unique Hit and Run Situation

Post by jabberwockOG » Fri Apr 12, 2019 10:22 am

dm200 wrote:
Fri Apr 12, 2019 8:12 am
jabberwockOG wrote:
Thu Apr 11, 2019 3:59 pm
Any time someone damages your personal property intentionally or unintentionally they are liable and therefore should have stopped and notified you of the accident or left contact info.

I'd file with your insurance under your comprehensive coverage and let them chase the driver if they so desire. This type of claim should have no effect on your rates.
I believe this would be covered under collision, not comprehensive.

In the past when someone hit my car while it was in a parking lot and I was not in it, the claimed was covered under comprehensive rather than collision.

User avatar
dm200
Posts: 22351
Joined: Mon Feb 26, 2007 2:21 pm
Location: Washington DC area

Re: Unique Hit and Run Situation

Post by dm200 » Fri Apr 12, 2019 10:56 am

jabberwockOG wrote:
Fri Apr 12, 2019 10:22 am
dm200 wrote:
Fri Apr 12, 2019 8:12 am
jabberwockOG wrote:
Thu Apr 11, 2019 3:59 pm
Any time someone damages your personal property intentionally or unintentionally they are liable and therefore should have stopped and notified you of the accident or left contact info.

I'd file with your insurance under your comprehensive coverage and let them chase the driver if they so desire. This type of claim should have no effect on your rates.
I believe this would be covered under collision, not comprehensive.

In the past when someone hit my car while it was in a parking lot and I was not in it, the claimed was covered under comprehensive rather than collision.
ok - I will need to check with my State Farm agent - getting very confusing! Maybe it is different for different companies and/or different states?

harrychan
Posts: 1585
Joined: Sun Nov 14, 2010 9:37 pm
Location: Pasadena

Re: Unique Hit and Run Situation

Post by harrychan » Fri Apr 12, 2019 1:30 pm

File SR1 and SR19c. You can find the form on ca dmv website.
This is not legal or certified financial advice but you know that already.

lazydavid
Posts: 2584
Joined: Wed Apr 06, 2016 1:37 pm

Re: Unique Hit and Run Situation

Post by lazydavid » Fri Apr 12, 2019 1:35 pm

Earl Lemongrab wrote:
Thu Apr 11, 2019 2:43 pm
I can't speak for every jurisdiction, but years ago when someone hit my old truck in a parking lot the police said it was not a crime. Only hit and run on the public streets came under that. A lot is private property. They did run the plates for us and gave us the information.
Either the police officer misspoke, or you misunderstood. A collision in a private parking lot is not a moving violation, so they might not be cited for "fleeing the scene of an accident", but the property damage resulting from it is still a crime. Otherwise I could break your window or key your car right in front of you and you would have no legal recourse.

User avatar
Earl Lemongrab
Posts: 7270
Joined: Tue Jun 10, 2014 1:14 am

Re: Unique Hit and Run Situation

Post by Earl Lemongrab » Fri Apr 12, 2019 1:53 pm

lazydavid wrote:
Fri Apr 12, 2019 1:35 pm
Earl Lemongrab wrote:
Thu Apr 11, 2019 2:43 pm
I can't speak for every jurisdiction, but years ago when someone hit my old truck in a parking lot the police said it was not a crime. Only hit and run on the public streets came under that. A lot is private property. They did run the plates for us and gave us the information.
Either the police officer misspoke, or you misunderstood. A collision in a private parking lot is not a moving violation, so they might not be cited for "fleeing the scene of an accident", but the property damage resulting from it is still a crime. Otherwise I could break your window or key your car right in front of you and you would have no legal recourse.
Property damage by accident is not a crime. Where did you get that idea? You are describing vandalism, which IS a crime.

lazydavid
Posts: 2584
Joined: Wed Apr 06, 2016 1:37 pm

Re: Unique Hit and Run Situation

Post by lazydavid » Fri Apr 12, 2019 2:03 pm

Earl Lemongrab wrote:
Fri Apr 12, 2019 1:53 pm
Property damage by accident is not a crime. Where did you get that idea? You are describing vandalism, which IS a crime.
:oops: Ugh. You are right of course. I was trying to chase after the legal liability aspect of it and completely narfed it up. :sharebeer

Cunobelinus
Posts: 217
Joined: Tue Dec 04, 2012 5:31 pm

Re: Unique Hit and Run Situation

Post by Cunobelinus » Fri Apr 12, 2019 2:35 pm

jabberwockOG wrote:
Fri Apr 12, 2019 10:22 am
dm200 wrote:
Fri Apr 12, 2019 8:12 am
jabberwockOG wrote:
Thu Apr 11, 2019 3:59 pm
Any time someone damages your personal property intentionally or unintentionally they are liable and therefore should have stopped and notified you of the accident or left contact info.

I'd file with your insurance under your comprehensive coverage and let them chase the driver if they so desire. This type of claim should have no effect on your rates.
I believe this would be covered under collision, not comprehensive.

In the past when someone hit my car while it was in a parking lot and I was not in it, the claimed was covered under comprehensive rather than collision.
Where I live, this seems like a monthly occurrence where my car is hit in a parking lot. My deductible, even at $500, was too high for this to matter. I think I've since moved it to $1000, which means that all of the hit-and-runs that occur -- and there are plenty -- are solely my responsibility. The police are, at best, disinterested in these reports. It can take them 2 hours to drive 2 miles from the police station to come when someone breaks your windows and takes anything and everything from inside of your car.

For the people claiming to use their comprehensive insurance for this -- how low are your deductibles that this is even worthwhile?

IMO
Posts: 661
Joined: Fri May 05, 2017 6:01 pm

Re: Unique Hit and Run Situation

Post by IMO » Sat Apr 13, 2019 1:19 am

Cunobelinus wrote:
Fri Apr 12, 2019 2:35 pm
jabberwockOG wrote:
Fri Apr 12, 2019 10:22 am
dm200 wrote:
Fri Apr 12, 2019 8:12 am
jabberwockOG wrote:
Thu Apr 11, 2019 3:59 pm
Any time someone damages your personal property intentionally or unintentionally they are liable and therefore should have stopped and notified you of the accident or left contact info.

I'd file with your insurance under your comprehensive coverage and let them chase the driver if they so desire. This type of claim should have no effect on your rates.
I believe this would be covered under collision, not comprehensive.

In the past when someone hit my car while it was in a parking lot and I was not in it, the claimed was covered under comprehensive rather than collision.
Where I live, this seems like a monthly occurrence where my car is hit in a parking lot. My deductible, even at $500, was too high for this to matter. I think I've since moved it to $1000, which means that all of the hit-and-runs that occur -- and there are plenty -- are solely my responsibility. The police are, at best, disinterested in these reports. It can take them 2 hours to drive 2 miles from the police station to come when someone breaks your windows and takes anything and everything from inside of your car.

For the people claiming to use their comprehensive insurance for this -- how low are your deductibles that this is even worthwhile?
No kidding. It's not even a matter if your deductible is low enough, it's a question of how much are they going to raise your premiums for making claims? Someone posting above that making a comprehensive coverage claim should have no effect on your rates, is that really true? Does someone have experience with multiple comprehensive claims in regards to premiums???

JBTX
Posts: 5539
Joined: Wed Jul 26, 2017 12:46 pm

Re: Unique Hit and Run Situation

Post by JBTX » Sat Apr 13, 2019 1:45 pm

Based upon my experience in 2 different instances the insurance company is not going to go to a lot of effort chasing down unidentified third parties for claims a few thousand dollars or less. They'd just assume pay the claim and let you eat the deductible.

Turbo29
Posts: 600
Joined: Tue May 01, 2018 7:12 am

Re: Unique Hit and Run Situation

Post by Turbo29 » Sat Apr 13, 2019 2:02 pm

JBTX wrote:
Sat Apr 13, 2019 1:45 pm
Based upon my experience in 2 different instances the insurance company is not going to go to a lot of effort chasing down unidentified third parties for claims a few thousand dollars or less. They'd just assume pay the claim and let you eat the deductible.
It seems like it. I got hit on the street (posted in another thread).
viewtopic.php?f=11&t=276037

Got a license plate and the guy's name and car owner's name but the guy had no license. When I called the cops he took off (I found out he has a long DUI record and no license). Father has admitted that his son was driving the car but the son will not talk to the father's insurance company. I got my car fixed and paid the $500 (total cost of repair $1700). My company has sent the bill to the other company but I doubt they will pursue it vigorously if the other company doesn't pay up. They tell me if they get the money, they will give me my $500 back.

Haven't seen it yet.

JBTX
Posts: 5539
Joined: Wed Jul 26, 2017 12:46 pm

Re: Unique Hit and Run Situation

Post by JBTX » Sat Apr 13, 2019 2:08 pm

Turbo29 wrote:
Sat Apr 13, 2019 2:02 pm
JBTX wrote:
Sat Apr 13, 2019 1:45 pm
Based upon my experience in 2 different instances the insurance company is not going to go to a lot of effort chasing down unidentified third parties for claims a few thousand dollars or less. They'd just assume pay the claim and let you eat the deductible.
It seems like it. I got hit on the street (posted in another thread).
viewtopic.php?f=11&t=276037

Got a license plate and the guy's name and car owner's name but the guy had no license. When I called the cops he took off (I found out he has a long DUI record and no license). Father has admitted that his son was driving the car but the son will not talk to the father's insurance company. I got my car fixed and paid the $500 (total cost of repair $1700). My company has sent the bill to the other company but I doubt they will pursue it vigorously if the other company doesn't pay up. They tell me if they get the money, they will give me my $500 back.

Haven't seen it yet.
I was hit twice. Once by uninsured unlicensed driver, and I actually had his name and number, and once from behind in a multicar pile up. In both cases GEICO exerted minimal effort in recovering. I at the deductible in both.

Now my daughter recently totaled a car in a head on, the police did a report, and the drivers gave conflicting info as to who had right of way. The insurance company is actually sending that one to arbitration. I assume since they know the other party and it is more money they will expend the effort.

johnubc
Posts: 738
Joined: Wed Jan 06, 2010 6:54 am

Re: Unique Hit and Run Situation

Post by johnubc » Sun Apr 28, 2019 11:39 am

bob60014 wrote:
Thu Apr 11, 2019 3:36 pm
johnubc wrote:
Thu Apr 11, 2019 3:27 pm
HomeStretch wrote:
Thu Apr 11, 2019 2:46 pm
Agree with filing police report.

Disclosures about holders of handicapped license plates may be subject to HIPAA privacy laws. Law enforcement may need to file a request to obtain info.
No, HIPAA privacy laws and license plates have nothing in common. Nothing about the license plate will disclose any private information (in regards to medical information).
In many instances it is covered, and you need a lawyer to determine the rules at times, but the HIPAA rules do not apply for law enforcement investigative reasons such as this, should one occur.
Not True.

The 'hadicappedness' is being publicly displayed by the registry of the car, and reveals no medical evidence of anything, or even the person with the disability (who may not be the car owner or register). It will not prevent law encorcement from properly obtaining the registry and owner information of the car. If however, law enforcement would like to proceed to find out additional information related to the medical condition - HIPAA law does most certainly apply, as HIPAA Section 164 .502 does expressly permit the access of medical information for law enforcement purposes - for valid reason.s

miamivice
Posts: 2196
Joined: Tue Jun 11, 2013 11:46 am

Re: Unique Hit and Run Situation

Post by miamivice » Sun Apr 28, 2019 11:49 am

boogiehead wrote:
Thu Apr 11, 2019 11:29 am
My dad was in the parking lot and his car got side swiped by a hit and run driver. A nearby shop owner saw the car and license plate so we reported to our insurance. It was an elderly lady who had a special handicap license plate where they have "DP" designation in California. When we reported to the insurance they told us since she has a special handicap license plate that those cannot be run or traced. Has this happened to anyone before and it seems like there is basically nothing we can do to track down the driver?
I would file a claim with my insurance company and let it go. For a hit and run without insurance, I believe that would be paid under underinsured motorist with a $250 deductible. if not, it would be paid under collision with $1000 deductible.

i would not pursue an elderly disabled driver. While the correct thing to do is to exchange information, I give elderly disabled drivers the benefit of the doubt because of the positive contribution they likely have had to our society.

User avatar
midareff
Posts: 6463
Joined: Mon Nov 29, 2010 10:43 am
Location: Biscayne Bay, South Florida

Re: Unique Hit and Run Situation

Post by midareff » Sun Apr 28, 2019 11:59 am

Ed_Sandwich wrote:
Thu Apr 11, 2019 1:46 pm
BusterMcTaco wrote:
Thu Apr 11, 2019 11:31 am
Why not report to the police? It is a crime.
+1
+2

pshonore
Posts: 6666
Joined: Sun Jun 28, 2009 2:21 pm

Re: Unique Hit and Run Situation

Post by pshonore » Sun Apr 28, 2019 12:39 pm

miamivice wrote:
Sun Apr 28, 2019 11:49 am
boogiehead wrote:
Thu Apr 11, 2019 11:29 am
My dad was in the parking lot and his car got side swiped by a hit and run driver. A nearby shop owner saw the car and license plate so we reported to our insurance. It was an elderly lady who had a special handicap license plate where they have "DP" designation in California. When we reported to the insurance they told us since she has a special handicap license plate that those cannot be run or traced. Has this happened to anyone before and it seems like there is basically nothing we can do to track down the driver?
I would file a claim with my insurance company and let it go. For a hit and run without insurance, I believe that would be paid under underinsured motorist with a $250 deductible. if not, it would be paid under collision with $1000 deductible.

i would not pursue an elderly disabled driver. While the correct thing to do is to exchange information, I give elderly disabled drivers the benefit of the doubt because of the positive contribution they likely have had to our society.
Look at your Declarations page and see what the deductible is for underinsured motorist coverage. In most states it is $0. That coverage is usually for Bodily injury. There may be a few states where it covers property damage but not many.

miamivice
Posts: 2196
Joined: Tue Jun 11, 2013 11:46 am

Re: Unique Hit and Run Situation

Post by miamivice » Sun Apr 28, 2019 12:43 pm

pshonore wrote:
Sun Apr 28, 2019 12:39 pm
miamivice wrote:
Sun Apr 28, 2019 11:49 am
boogiehead wrote:
Thu Apr 11, 2019 11:29 am
My dad was in the parking lot and his car got side swiped by a hit and run driver. A nearby shop owner saw the car and license plate so we reported to our insurance. It was an elderly lady who had a special handicap license plate where they have "DP" designation in California. When we reported to the insurance they told us since she has a special handicap license plate that those cannot be run or traced. Has this happened to anyone before and it seems like there is basically nothing we can do to track down the driver?
I would file a claim with my insurance company and let it go. For a hit and run without insurance, I believe that would be paid under underinsured motorist with a $250 deductible. if not, it would be paid under collision with $1000 deductible.

i would not pursue an elderly disabled driver. While the correct thing to do is to exchange information, I give elderly disabled drivers the benefit of the doubt because of the positive contribution they likely have had to our society.
Look at your Declarations page and see what the deductible is for underinsured motorist coverage. In most states it is $0. That coverage is usually for Bodily injury. There may be a few states where it covers property damage but not many.
Uninsured motorist for me has a deductible. Uninsured motorist with phantom vehicle is higher than with a regular vehicle. For me, it covers property (my vehicle) as well as bodily injury.

I was unaware that in some states uninsured motorist didn't cover the damage to the vehicle. I thought it did everywhere.

EDIT: I just checked and I have UM Bodily injury with limits of $250,000 and UM property damage with limits of $100,000. There is no deductible for bodily injury, however, there is a deductible for property damage.

User avatar
LadyGeek
Site Admin
Posts: 57790
Joined: Sat Dec 20, 2008 5:34 pm
Location: Philadelphia
Contact:

Re: Unique Hit and Run Situation

Post by LadyGeek » Sun Apr 28, 2019 1:19 pm

This thread is now in the Personal Finance (Not Investing) forum (insurance).
Wiki To some, the glass is half full. To others, the glass is half empty. To an engineer, it's twice the size it needs to be.

HomeStretch
Posts: 2931
Joined: Thu Dec 27, 2018 3:06 pm

Re: Unique Hit and Run Situation

Post by HomeStretch » Sun Apr 28, 2019 2:17 pm

johnubc wrote:
Sun Apr 28, 2019 11:39 am
bob60014 wrote:
Thu Apr 11, 2019 3:36 pm
johnubc wrote:
Thu Apr 11, 2019 3:27 pm
HomeStretch wrote:
Thu Apr 11, 2019 2:46 pm
Agree with filing police report.

Disclosures about holders of handicapped license plates may be subject to HIPAA privacy laws. Law enforcement may need to file a request to obtain info.
No, HIPAA privacy laws and license plates have nothing in common. Nothing about the license plate will disclose any private information (in regards to medical information).
In many instances it is covered, and you need a lawyer to determine the rules at times, but the HIPAA rules do not apply for law enforcement investigative reasons such as this, should one occur.
Not True.

The 'hadicappedness' is being publicly displayed by the registry of the car, and reveals no medical evidence of anything, or even the person with the disability (who may not be the car owner or register). It will not prevent law encorcement from properly obtaining the registry and owner information of the car. If however, law enforcement would like to proceed to find out additional information related to the medical condition - HIPAA law does most certainly apply, as HIPAA Section 164 .502 does expressly permit the access of medical information for law enforcement purposes - for valid reason.s
I referenced HIPAA as the possible reason OP’s insurer could not obtain registration info for an auto with handicapped plates. I agreed with other posts about filing a police report. In my state, law enforcement can obtain registration info for an auto with handicapped plates in connection with investigating an accident by submitting a form to DMV.

TSWNY
Posts: 135
Joined: Sun Mar 13, 2016 1:05 pm

Re: Unique Hit and Run Situation

Post by TSWNY » Sun Apr 28, 2019 11:17 pm

lazydavid wrote:
Fri Apr 12, 2019 1:35 pm
Earl Lemongrab wrote:
Thu Apr 11, 2019 2:43 pm
I can't speak for every jurisdiction, but years ago when someone hit my old truck in a parking lot the police said it was not a crime. Only hit and run on the public streets came under that. A lot is private property. They did run the plates for us and gave us the information.
Either the police officer misspoke, or you misunderstood. A collision in a private parking lot is not a moving violation, so they might not be cited for "fleeing the scene of an accident", but the property damage resulting from it is still a crime. Otherwise I could break your window or key your car right in front of you and you would have no legal recourse.
I can only speak for the state of New York, since that it where I am employed, but a traffic accident (even a hit and run) is a traffic infraction, not a criminal offense. In a parking lot if you hit a vehicle and leave the scene without exchanging information then you can be ticketed for Leaving the Scene of Property Damage Only Accident (VTL 600-1a). If you walk up and intentionally smash out a window or a key a vehicle then now you have committed a criminal offense (Criminal Mischief - PL 145.00).

TSWNY
Posts: 135
Joined: Sun Mar 13, 2016 1:05 pm

Re: Unique Hit and Run Situation

Post by TSWNY » Sun Apr 28, 2019 11:20 pm

HomeStretch wrote:
Sun Apr 28, 2019 2:17 pm
johnubc wrote:
Sun Apr 28, 2019 11:39 am
bob60014 wrote:
Thu Apr 11, 2019 3:36 pm
johnubc wrote:
Thu Apr 11, 2019 3:27 pm
HomeStretch wrote:
Thu Apr 11, 2019 2:46 pm
Agree with filing police report.

Disclosures about holders of handicapped license plates may be subject to HIPAA privacy laws. Law enforcement may need to file a request to obtain info.
No, HIPAA privacy laws and license plates have nothing in common. Nothing about the license plate will disclose any private information (in regards to medical information).
In many instances it is covered, and you need a lawyer to determine the rules at times, but the HIPAA rules do not apply for law enforcement investigative reasons such as this, should one occur.
Not True.

The 'hadicappedness' is being publicly displayed by the registry of the car, and reveals no medical evidence of anything, or even the person with the disability (who may not be the car owner or register). It will not prevent law encorcement from properly obtaining the registry and owner information of the car. If however, law enforcement would like to proceed to find out additional information related to the medical condition - HIPAA law does most certainly apply, as HIPAA Section 164 .502 does expressly permit the access of medical information for law enforcement purposes - for valid reason.s
I referenced HIPAA as the possible reason OP’s insurer could not obtain registration info for an auto with handicapped plates. I agreed with other posts about filing a police report. In my state, law enforcement can obtain registration info for an auto with handicapped plates in connection with investigating an accident by submitting a form to DMV.
I can only speak for NY State, but HIPAA does not restrict us with obtaining registration information. The only thing that slows us down is the speed of the internet that day....which is only about 3 seconds.

ohai
Posts: 1143
Joined: Wed Dec 27, 2017 2:10 pm

Re: Unique Hit and Run Situation

Post by ohai » Sun Apr 28, 2019 11:26 pm

miamivice wrote:
Sun Apr 28, 2019 11:49 am
boogiehead wrote:
Thu Apr 11, 2019 11:29 am
My dad was in the parking lot and his car got side swiped by a hit and run driver. A nearby shop owner saw the car and license plate so we reported to our insurance. It was an elderly lady who had a special handicap license plate where they have "DP" designation in California. When we reported to the insurance they told us since she has a special handicap license plate that those cannot be run or traced. Has this happened to anyone before and it seems like there is basically nothing we can do to track down the driver?
I would file a claim with my insurance company and let it go. For a hit and run without insurance, I believe that would be paid under underinsured motorist with a $250 deductible. if not, it would be paid under collision with $1000 deductible.

i would not pursue an elderly disabled driver. While the correct thing to do is to exchange information, I give elderly disabled drivers the benefit of the doubt because of the positive contribution they likely have had to our society.
This lady has become a danger to herself and other drivers. I get that it doesn't feel good, but someone needs to do something when they start hitting cars and other things.

Ed_Sandwich
Posts: 134
Joined: Mon Mar 20, 2017 12:47 pm

Re: Unique Hit and Run Situation

Post by Ed_Sandwich » Tue Apr 30, 2019 9:49 am

ohai wrote:
Sun Apr 28, 2019 11:26 pm
miamivice wrote:
Sun Apr 28, 2019 11:49 am
boogiehead wrote:
Thu Apr 11, 2019 11:29 am
My dad was in the parking lot and his car got side swiped by a hit and run driver. A nearby shop owner saw the car and license plate so we reported to our insurance. It was an elderly lady who had a special handicap license plate where they have "DP" designation in California. When we reported to the insurance they told us since she has a special handicap license plate that those cannot be run or traced. Has this happened to anyone before and it seems like there is basically nothing we can do to track down the driver?
I would file a claim with my insurance company and let it go. For a hit and run without insurance, I believe that would be paid under underinsured motorist with a $250 deductible. if not, it would be paid under collision with $1000 deductible.

i would not pursue an elderly disabled driver. While the correct thing to do is to exchange information, I give elderly disabled drivers the benefit of the doubt because of the positive contribution they likely have had to our society.
This lady has become a danger to herself and other drivers. I get that it doesn't feel good, but someone needs to do something when they start hitting cars and other things.
Well said. Next time it could be someone's child who is sideswiped.

Post Reply