Hit and Run, Officer Refusing to give other parties insurann

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Latest post Thu, Jul 28 2016 12:32 PM by OliviasMom. 4 replies.
  • Thu, Jul 28 2016 8:45 AM

    • skyhighbl
      Consumer
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    • Joined on Thu, Jul 28 2016
    • MD
    • Posts 1

    Hit and Run, Officer Refusing to give other parties insurann

    Hello, I was traveling straight on a road in Maryland when a car next to me started to drift into my lane, I began to move over as much as I could, slow down and beep my horn as he was a few feet ahead of me. He reacted and swerved back into his lane. He slowed down then started to drift into my lane again, I witnessed in my side mirror the front of his car hit me in my rear quarter panel and he pit maneuvered me a bit as the front of my car turned left. I started to come to a stop and he continued on and changed lanes in front of me. He didnt stop so I followed. I pulled next to him at the light and told him he just hit me and to pull over. He refused, denied hitting me and kept driving, I followed for about a block a bit back and he had no intentions of pulling over so I pulled off and called the police. I showed my dash camera footage of him initially coming over, me beeping, him slowing down but the camera didnt show the second time he began to come over and hit me but it does show my car turn left a bit at the point of impact and me stopping and stating he just hit me. It then shows me asking him to pull over and him refusing.

    The officer filed a report. That night I emailed the office the video to review. He called me the next day and stated he did come into my lane and all. I asked for the other driver's insurance info as they did catch up with him down the road and he said he couldnt give it to me because he would get into trouble. He also stated that he hasnt determined if that guy hit me yet as his suv had no damage. He kept questioning me if another car may have hit me or it wasnt him or if I parked somewhere prior and it was previous damage as he did on the scene. I reinstated that I didnt park anywhere prior to that except my private driveway the night before and I would have noticed that large damage the night before as I have to walk past to get in my car.

    Is it within the officer's right to refuse to give me the other driver's insurance? Shouldn't the insurance company determine if the other party hit me or not? Seems like hes siding with the other gentleman saying he didnt hit me though I witnessed him hitting me and I know that damage was not there before that incident, and I have a video showing him initially drifting into my lane and my reaction to when he dropped back behind the camera and hit me.

  • Thu, Jul 28 2016 9:06 AM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,431

    Re: Hit and Run, Officer Refusing to give other parties insurann

    No law required him to turn over information to you, especially if the investigation is on going. Turn it over to your insurance company, and let them handle it.  It is why you have insurance.

  • Thu, Jul 28 2016 9:42 AM In reply to

    Re: Hit and Run, Officer Refusing to give other parties insurann

    skyhighbl:
    Is it within the officer's right to refuse to give me the other driver's insurance?

    I wouldn't characterize it as a legal right.  Did you ask for an explanation (beyond "I'll get in trouble" (with whom?))?  If so, how did he respond?  If not, why not?  Have you contacted the officer's supervisor to discuss this?

     

    skyhighbl:
    Shouldn't the insurance company determine if the other party hit me or not?

    If you submit a claim, it will do just that.

    If you can't get the name of the other driver's insurance from the police, submit it as a claim against your own insurance (assuming you have collision coverage), and your insurer likely will figure this out.  If you don't have collision coverage, then you'll have to sue the other driver.

  • Thu, Jul 28 2016 9:45 AM In reply to

    Re: Hit and Run, Officer Refusing to give other parties insurann

    skyhighbl:

    Is it within the officer's right to refuse to give me the other driver's insurance?

    Yes. No law in Maryland requires that the officer provide you with that information. Indeed, the Maryland Public Information Act (which is Maryland's version of the federal Freedom of Information Act) expressly permits the police to deny requests for disclosure of investigative information.

    skyhighbl:
    Shouldn't the insurance company determine if the other party hit me or not?

    Contact your insurance company and give it the relevant information. It can then determine if the other driver was responsible and if so attempt to recover from the other driver what your insurance paid you for your damages. That's what you have insurance for. If you do not carry comprehensive coverage that covers you for damages to your vehicle, then your other option is to sue the other driver for your damages. The other driver will then contact his insurance company, which will provide him with representation in the matter.

    skyhighbl:
    Seems like hes siding with the other gentleman saying he didnt hit me though I witnessed him hitting me and I know that damage was not there before that incident, and I have a video showing him initially drifting into my lane and my reaction to when he dropped back behind the camera and hit me.

    No. The officer is merely telling you that he is not yet convinced that this person is the one who hit you and caused the damages. There is a difference. Before he may issue a citation here he must be convinced the other driver hit you since the state will have to prove that beyond a reasonable doubt at trial. His skepticism is not surprising since you are claiming that your car suffered “large damage” and yet the officer did not notice any damage from the other vehicle, and that would be unusual. Should you sue the other driver, you have the burden to prove he hit you, and you'd need to overcome that same skepticism from jurors: how is it that you suffered large damage in this collision but he suffered none at all?

    In any event, the officer's determination will not decide the civil matter between you and the other driver. That is a matter for the insurance companies to work out or for a civil court to decide. All the officer does is decide whether to issue a citation to the other driver for any traffic offense committed.

  • Thu, Jul 28 2016 12:32 PM In reply to

    Re: Hit and Run, Officer Refusing to give other parties insurann

    I agree, file a claim with your own insurance. They will use subrogation and go after the other party if they think they are at fault.

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