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-   -   Hit and run, physical evidence no witness (https://www.askmehelpdesk.com/showthread.php?t=474222)

  • May 28, 2010, 08:10 AM
    wmshare
    Hit and run, physical evidence no witness
    I live in Canda. I parked my car in the street and it was hit by someone.

    I have no witness, but I found

    1. at the back bump of my neighbor's van, there is new impact area
    2. there is paint at the bump. The paint color matches my car color
    3. the size of the impact area matches the damaged area in my car
    4. in my car, there is rubber-like black material that matches the color of his van bump
    5. the height from ground to the bump of his van is equal to the height form ground to the damaged area in my car

    I took photos for these.

    I talked to my neighbor, he said he could not say he hit my car and he could not say he did not hit my car. He did not know if he hit my car. He said if I thought he hit my car, he asked me prove to it.

    I reported this hit-and-run to the poplice, but I do not know if the police can help.

    I want to sue this in a court, but I heard without witness, it is very difficult.
    Any suggestion? Thanks.
  • May 28, 2010, 08:13 AM
    JudyKayTee

    It's your word and your evidence against his word and his evidence (be can't have evidence so it would be his statement that he didn't hit you). I don't understand his "maybe I did, maybe I didn't" logic but who knows.

    I say take him to Small Claims Court, take your estimate (or repair bills) and evidence.

    And it's your word against his.

    Did you report the damage to your insurance company? They will very often simply chase him around on your behalf.
  • May 28, 2010, 08:17 AM
    wmshare
    Thank JudyKayTee
    As my is becoming old (5 years), I bought liability insurance only and my insurance does not cover this damage. Acutally I contacted my insurance company, they said it was not covered.
  • May 28, 2010, 08:19 AM
    JudyKayTee

    Too bad - well, I'd sue in Small Claims. First I'd present him with the estimates (and I assume he's not going to offer to pay) and then I'd sue.

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