3 run homer wrote:
This past 4th of July someone accused me of doing a hit and run on their car parked on the street in my neighborhood. Suppose to have happened at 11:15 pm
I had pre-existing damage to my explorer from a year before (ice storm and a spin out)
Finally after some phone tag with the investigating cop we finally talk he tells me they have my tag # there are eye witnesses.
Now I don't live with anyone and no one else has a key to my truck.
So I'm immediately thinking some saw my truck and the damage and decided to try and cash in at my expense.
So the cop tells me he came by knocked no one answered (I was asleep), went and looked at my truck and said the damage was comensurate with their damage. And said if this goes to court I'll be charged with felony hit and run. Then I said to him, I suggest you go back tell who ever is making this claim that after I proove existing damage, they can be charged felony fraud and conspiracy to comit fraud. Never heard from them again.
Any insurance adjustor worth a dime can tell the difference between "old" damage and "new" damage.
1 thing that I am really troubled with is the amount of damage. Since both of you were travelling in excess of 70 MPH, I don't see how only your bumper would be scratched.
I used to subrogate claims. Basically, I would recoup payments and deductibles from other insurance companies based on liability. Mind you, that was many years ago but I still remember how to do it. Anyway, if the hit was a straight rear-end hit, she should be liable. The citation against you won't help but I have gotten around that. If the hit is more at an angle, you might have more problems. My advice would be to forget about it if you really don't have any damages. I would make sure to contact your insurance company in case she files a claim against you. If your insurance company pays out more than a certain amount (used to be $500 in N.J.), your premiums could go up.
Did she have any damage?? If you decide to pursue this, a nice witness statement from a gas station attendant will go a long way.