What are my rights as the owner of a parked hit and run vehicle?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights as the owner of a parked hit and run vehicle?
My vehicle was struck and has significant damage. It was parked in the street outside my home and the driver did not stop. A police report was made and vehicle who struck mine was recovered and towed away by police. I only have no fault coverage. What are my rights? Am I able to sue for damages? Do I need to have a repair estimate first? I honestly don’t think it’s worth fixing the damage and could use any reward money to invest in another used vehicle.
Asked on July 7, 2016 under Accident Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
1) You can sue the at-fault driver, since almost by definition, it is negligent, or unreasonably careless, to hit a parked car. You can also sue the owner of the car which hit you, if he or she is not the same person as the at-fault driver, so long as the at-fault driver had permission to drive (i.e. the car was not stolen). When possible, sue more than one person to maximize your chance of collecting money.
2) You can recover in a lawsuit the lesser of the cost to repair or the then-current fair market or blue book value of your car. You will need evidence of both, and so will need a repair estimate and also some way of showing the blue book value.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.