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Hit and run and totaled car

by Joe

A young adult pulled out in front of my dad. He tried to avoid the car but didnt have time. He hit the car and spun several times crashing into the ditch.

The guy ran off without even checking to see if my dad was okay. Half an hour later a guy shows up to the scene claiming he was in the car but was not the driver.

I guess my main concern is that my parents shouldnt spend a dime on this. Would such a weak alibi hold up? what should we do to ensure we get whats owed on the totaled vechile?


Well, this alibi could bring you trouble.

Insurance follows the car, and therefore, the vehicle insurance should pay for your damages, independent of driver. However, the concern here will be if the driver was actually excluded or if he was a permissive driver.

If the driver was not driving with permission, then the non permissive exclusion could be applied leaving them without coverage. You would have to collect from the person directly, and chances are, they have no assets or money to pay for your damages.

If the young man has insurance, you would have to prove that he was driving, in which case you will need some independent evidence (i.e. police report, witness statement, etc).

Again, this information is a "if this, then that", it is possible that the driver admits that he was driving and the insurance pay you without much hassle. However, since you are asking about the alibi, I am trying to give you a good assessment.

You asked what to do regarding the totaled vehicle? Continue making payment until the total loss is settled. They will not pay for interest, charges, late fee, etc. I know this is not fair, but the law seems to back them up. File a claim with your own insurance company so you do not have things pending out there against (i.e. claiming that your dad was at fault), depending on your coverages, your insurance company might pay the total loss until things get sort out with the other insurance company.

Also, you should really have a police report on this one. You probably already have one, but if not, you can still call a police officer and have them investigate who is driving. This can help you later on if there is a dispute.

You should also file a claim against the other vehicle insurance company and see if they pay.

For more tips handling the total loss, visit:

Good Luck,

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