Hit and run accident - PeachParts Mercedes-Benz Forum

Benzadmiral · #1 04-02-2007, 08:37 AM

Hey, everybody,

My C230 was rear-ended this morning. (I was in it, so I guess I should say *I* was rear-ended.) I'd just come to a stop at a light off the expressway when -- slam! -- a woman in a Ford SUV hit me.

I leaped out and found it was a woman who a) didn't speak English, (b) had no driver's license or registration (I pointed to my license, so her non-English-speaking brain could get it), and c) drove off without giving me her name and address.

But I got the license number, and the cops are on it right now. Hit-and-run, baby!

Damage? I'm fine, just furious, as my wording probably screams. As for the car, the C230's main body is fine. The rear bumper is sprung and misaligned so that the trunk won't close. I got it open -- the impact didn't spring it -- but now I have to wire it mostly shut. Gonna be lovely if it rains.

What infuriates me is this is not only going to mean body shop and car rental money, but also a lot of my time bringing the car in and getting a rental . . . and, I hope, identifying this little illegal hit-and-run driver. And no, I don't expect I'll ever see my deductible back from her. I just want her in jail and shipped back to Guadalajara!

Yet another reason to get the devil out of this city before I get killed, or something.

Have any of you ever had a situation like this, with a hit-and-run? How'd you handle it?

t walgamuth · #2 04-02-2007, 08:48 AM

i don't know what else to do.

it sounds like you did the appropriate thing

it is infuriating isn't it?

she probably has no insurance either.

tom w

Dee8go · #3 04-02-2007, 09:04 AM

I've had that experience, twice. Once, the hit-and-runner was a license-holding, English-speaking, American citizen. The police didn't want to be bothered with doing th paperwork and insisted that (since they had tracked him down at his office, and he had confessed when confronted, AND he was willing to pay out of his pocket for the damage) we settle it between ourselves without a police report. I was pissed off at their laziness, but let it go and the guy DID take care of it (the car was a POS and I knew I wasn't going to keep it anyhow). I found it disheartening for the cops to have such an attitude about the whole thing.

The next time was much as you described in your situation. When I realized what I was up against, I just got into my car (another POS that wasn't really damaged noticeably) and left. I had the thought when the Hummer H1 came out of getting one of those. The idea of having a car that will do more damage than the other guys will really appealed to me. I never acted on that impulse, though.

Good luck. I know how infuriating that can be.

Benzadmiral · #4 04-02-2007, 09:18 AM

The very devil of this is, it's the *third* time in less than three years that my car has been hit by somebody in this town!

Jul. 2004: 420SEL totalled while parked
June 2006: C230's rear bumper cracked and holed
April 2007: C230 rear-ended

I lived and drove in Denver, CO, a much bigger and busier city, for four and a half years with never an accident. Here, it's as though my car and I are targets. Is it something about Mercedes that draws the nuts? Or (more likely) is it just this pesthole of a city?

Dee8go · #5 04-02-2007, 09:22 AM

I've never been to New Orleans, but I have a feeling that it's somewhat similar to the District of Columbia as far as the city government and the residents are concerned. I try to stay out of DC (in my car). Having to be involved with the DC government (Police Dept.) once when my car was totaled there by a red light runner was an absolute nightmare!

Jim B. · #6 04-02-2007, 10:07 AM

If this person was Mexican, you have to understand they were probably just following the cultural norm in Mexico. When there is an accident there, if the Police come, they typically arrest EVERYONE until things get sorted out. Hence, the logical reaction, to avoid being getting caught up in the Mexican criminal justice system, is to simply run. I knew someone who saw an accident in Mexico CIty DF. A bus ran over and killed a pedestrian. The bus driver simply stopped the bus and ran away! This was typical.

Illegal Mexican aliens generally simply buy a car and drive it. Such things as driver's licenses, and insurance mean nothing to them, generally. I know this because they spoke freely about it in San Jose Cal. when asked in Spanish, in a social situation. THEY SAID, "What's the matter with you? What's all this about driving licenses and insurance? All you do, is you just buy a car and then DRIVE". Believe me I was aghast.

I was hit and run by a VW bug that ran a red light in San Francisco some years ago, and it broadsided my car, then drove away. There were witnesses and I got the license number. The SFPD didn't even care to investigate it, as I was not hurt, until I prevailed upon by boss at the time, who was a Superior Court Judge in SF, and the police tracked the guy down, and he denied being at the scene, though his car wa obviously damaged, and said he loaned the car to someone he met at the Haight Ashbury soup kitchen that day, but "forgot" the guy's name. RIIIIIGHT.

You will probably have to eat this expense (your insurance deductible, possible car rental) but MAYBE not, read on.

You might wish to make it your mission in life to get this offender criminally prosecuted. If you do that (As I did) remember, most important of all, that the criminal justice system is one of routes and structures, you must understand and familiarize yourself with them. First, go to the Police Dept. and obtain a Police report (I assume there was one, if not, MAKE one!)

Then, make it your business to find out who the Assistant District Attorney is that would handle the case, and do your LEVEL BEST to have the case prosecuted. This sounds like it could be Felony hit and run, with property damage. You'll need to track the case as it winds its way through the system and ALWAYS stay on top of it. The DA (ask Ernesto, our own BENZ-LGB, he is a prosecutor, they have HUGE
case loads, and it's just one more unless you can convince himn otherwise)

Request JAIL TIME and RESTITUTION as part of any "plea bargain". The DA has the discretion here, and any "deal" must be approved by the Judge also. The squeaky wheel gets the grease. Probably 90% of these criminal
cases get settled, otherwise the Court system would collapse under the weight of EVERY defendant demanding their right to a jury trial.

As I recall, typically it would work something like this: The individual should get arrested, and posts bail or is released on OR, the first step is the arraignment, which is a proforma appearance lasting about one minute in court, where defense counsel makes an appearance, a not guilty plea is entered, and the matter continued to the preliminary hearing date.

Next, a
preliminary hearing is held, with rules of evidence lax, to determine whether the defendant is "probably" guilty, ie, enough evidence to take the case to trial. If the DA meets this hurdle, and the bar is low, the Court "Holds the defendant to answer" the charges filed against him, and
then the matter is continued "to set" dates for pretrial settlement conference dates, and for a trial.'

The next step would be the Pretrial conference, where the defendant with counsel, privately in Judge's chambers, to discuss the evidence and the "deals" are made, to avoid trial. At this point, your wishes need to be VERY clear to the District Attorney, so he'll keep them in mind when he makes the plea bargain offer, for the defendant to accept or not. At this point, usually they accept, or the matter gets continued for another pretrial conference while they think about it.

If the plea bargain gets accepted, everyone goes into Court straightaway, and the defendant pleads guilty (be careful, make sure it is a GUILTY plea and not a NOLO plea which gives them civil immunity from your lawsuit, DON'Tlet the DA allow a nolo plea.) The defendant is directed to IMMEDIATELY to visit the adult probation department for an interview with the assigned probation officer who with the assistance of Spanish interpreter will interview the defendant and prepare the PRESENTENCE report, copies of which will be sent to the DA, Defense and the Judge, for a date certain, (usually 30 days) when the sentence will be pronounced by the Judge.

These reports have GREAT weight, and the Judge almost follws the sentence recommendation. This will include terms of probation, RESTITUTION to you, if you made sure it was part of the plea bargain, possibly jail time or community service, and other terms of tghe criminal sentence.

Rather than talking to the Judge, DA, or submitting bills to them, make copies or them, all your expenses from this, and give them to the probation officer and ask them that he include them as pages in his presentence report. That way, they will be part of the WRITTEN RECORD and indisputable and won't get lost. Often the DAs lose the paperwork, or the Judges don't read them or they get lost in the paper shuffle.

If you are fortunate enough to secure restitution as part of the plea bargain, be sure you have made the DA and Judge and the Probation officer aware of your desire for PROGRESS REPORTS re: restitution to be scheduled. These are Court apperarances mandatory for the defendant to appear - with a Spanish interpreter, to ensure restitution is being made to you.

FAILURE TO APPEAR at these (or at sentencing for that matter) results in an instant BENCH WARRANT, meaning instant arrest if the defendant is ever stopped by the Police. When a bench warrant is served, the Police MUST take you to jail. It's a compelling hammer.

Likewise, failure to appear at a court scheduled progress report will result in instant revocation of probation and issuance of a bench warrant. After arrest, the matter is referred to the Probation department for a report whether probation "Should REMAIN revoked." At this hearing, the Judge has a HUGE discretion. He can order probation reinstated, reinstated and modified, or remain revoked and INSTANTLY send the defendant to State Prison (In California, for at least 16 months, 2 or 3 years, depending on many factors)

Understand that for Motions to revoke Criminal Probation, hearings whether probation should remain revoked, there is a MUCH lower standard of proof (only 51%) the DA has to meet, to prove someone violated probation. NOT like a jury trial, which is beyone a reaonable doubt (Like 99%). It's VERY easy for the DA to win a probation revocation motion, which is why they LOVE to file them, rather than to file NEW criminal cases on the same facts.
(THIS is why Paris Hilton is in a world of trouble right now. She pled guilty to an alcohol-related reckless driving charge in Jan. (called a "wet reckless" when you get a DUI reduced to reckless driving) and got 3 years probation, then a month later drove at midnight without headlights, and now is facing a DA-Motion to revoke probation. She is almost CERTAIN to get some jail time now, or at least the "Golden Broom" award- sweeping the street in lieu of county jail time,my crystal ball tells me)

You need to understand, though, that if the defendant gets sent to State Prison, at any time, your right to restitution is gone when that happens.

It depends on the jurisdiction locally whether the INS gets notified, of a criminal conviction. Naturally, if they do get involved and deport the individual, there goes your chance of restitution. Sometimes the INS gets notified of these offenses, and they place a "hold" on a prisoner. That means the INS gets notified when a prisoner with an immigration beef is about to be released from County jail, and the INS can pick them up directly.

I used to work in the criminal justice system, and it was a long time ago, but those are my recollections. Ernesto can correct my mistakes and omissions, but that is basically it.

This woman who hit your car could be in a world of hurt if you agressively understand and work the system to your benefit. It takes some time and effort, but believe me, it can be done.

Hopefully this will help you decide what to do next.

Dee8go · #7 04-02-2007, 10:23 AM

Jim, that's another reason Mexicans should stay in Mexico.

I think it sucks when WE begin to have to make accommodations to the fears, customs, and rules of the road in OTHER countries. I expect it when I'm in THEIR country. When they come to MY country, they should operate under OUR rules or stay off the friggin' road!

Okay, now I feel much better. Thank you.

Jim B. · #8 04-02-2007, 10:38 AM

^^^^No argument there. It gets MUCH worse when there are injuries.

One case in San Diego quite some time ago, I could not forget, was when
a station wagon full of illegal Mexicans roared up an off ramp, the driver could not read the sign in English
"GO BACK, YOU ARE GOING THE WRONG WAY" and smashed into oncoming traffic, HUGE FIREBALL and explosion, innocent American motorists and children killed as well as in his car.:fork_off:

Dee8go · #9 04-02-2007, 10:45 AM

Okay. That was WAY worse than anything I've had to deal with.

I'll quit whining now . . .

Zeus · #10 04-02-2007, 10:51 AM

Paul,

Crappy about the accident, glad no one was hurt. I'd be furious too.

What I've learned over the years is - get the license info asap and call the cops asap. Get a report made. You were smart to get the license. Take digital pics if you have a camera/cell phone handy. Write down all the events immediately after the accident in an e-mail to yourself, while everything is still fresh.

Up here, you're not supposed to report an accident with damage under $1000. That's open to interpretation so I always call anyway.

Never had a hit and run, but the last idiot that hit me simply refused to pay. I posted the accident here. Damage was light, so to be nice, I said we didn't need to involve police/insurance. The guy seemed nice and agreed. I got all his info - license no, etc. Said I'd get some quotes for repair and he would pay. No problem. Then when it came time to pay up for the body work quotes, he didn't return my calls. Ba$tard.

Anyway, got my insurance company to investigate. Cops didn't want to do a report this late into the game.

My insurance co investigated, contacted his insurance co and took a look at my documentation. They ruled I was not at fault, and proceeded to cover all my repairs. No increase in my rates. I'm assuming that the a-hole that hit me got his rates jacked as a result. Hope it hit him hard.

I'll no longer trust anyone.

Hatterasguy · #11 04-02-2007, 10:51 AM

This is why I drive a junk car to school in New Haven. Because their are tons of illegals and poor people that just have no insurance, where I go. So if they hit you you are pretty much screwed. Lets assume for a second that you can sue them, what are you going to get out of someone with an $10 an hour job?

Thats why I got the $500 SD, its a throw away.

I'd say deport them but they would just jump the border again. I don't really want to pay to jail them either. Maybe we should deport them to southern Mexico so at least they have to walk...

Good luck with your's!

Benzadmiral · #12 04-02-2007, 10:53 AM

Jim,

Thanks for the detailed rundown. I feel even more tired and exasperated just reading it!

I know my attorney could keep up on it, but again that would cost me even more. However, it would thrill my shriveled little soul no end to see this woman get what she deserves.

Heck of it is, as soon as I got the last car payment done, I was going to revamp my insurance to lower my deductible and include a rental car, because I just knew this sort of thing was going to happen to me again. . . .

Jim B. · #13 04-02-2007, 11:08 AM

Hatt, unfortunately they just dump them on the other side of the border, but EVEN if they deported them to the Southern Chiapas at the the Guatemala border, there are buses from anywhere in rural Mexico that they can catch every day (the Arrow buses) that will take them to Tijuana or any border town in a day or so. Or else they can hop a train for free.

There is a fascinating book about how it works:
http://www.tedconover.com/coyotes.html

I met the author at a bookreading in Berkeley, and it's all true. This guy lived with them for a year, went to their villages in Mexico, dug potatoes in Idaho, picked Lemons in Arizona, oranges in Florida, to research the book and see what it was like as an illegal. It was amazing, reading about how they pooled their money and bought a junk Ford Country Squire wagon and drove it from Arizona to Florida. And how their junker Olds Toronado broke down in Phoenix and they were able to take their first airline flight from Phoenix to California, as illegals (they pretended to be professional mexican soccer players.).

BENZ-LGB · #14 04-02-2007, 11:17 AM

In certains parts of Los Angeles, being "rear-ended" has a completely different meaning. And it usually does not involve cars either!

A few years ago my car was rear-ended. That was back in my Volvo-driving days. I was driving a brand new dark grey 740GLE (I still had the dealer's paper plates). I was stopped at a red light when all of the sudden BANG! my car got hit from the rear.

I got out of the car and walked to the back. The woman who rear-ended my car was driving a Nissan (forget which model). She was white, blond, green eyes. She looked at me and before I even have a chance to ask her if she is OK, she bolted.

Now I am pissed off. So I gave chase to her. Through Studio City, driving up and down side streets. One hand on the horn, honking and the cell phone on the other hand, calling the cops.

She finally pulls into a 7-11, just as the cops get there.

I related the story to them, they looked at the damage to my car and the damege to her car. They asked me if I was hurt (I was) and when I said yes they arrested her right on the spot.

(BTW she was not Mexican, she just did not feel like purchasing insurance!)

In California H&R with unjuries is a felony. If there are no injuries it is a misdemeanor.

H&R are hard to prosecute because identificationis always an issue.

Unless you can make a positive I.D. of the person driving the car, the registered owner can always claim that someone else was driving his/her car.

I am not sure that Mexicans running away from a crash scene is necessarily a cultural thing. Jim is right, in Mexico they arrest everyone at a crash scene and then ask questions later. I think it is more a question that most of these people are here illegally, have no driver's license and carry no insurance. So they run away and if things get dicey, they just cross the border, wait for things to cool off and then return!

It is a huge problem in California and anywhere there are large numbers of illegal aliens. And it is not just Mexican illegal aliens. Now we get them from Central America, from Asia, from Eastern Europe and from the Middle East.

The melting pot is on meltdown mode...but I digress.

In California youjust learn to deal with it. You avoid the areas they frequent, and you carry TONS of uninsured AND underinsured driver insurance. I worry that if I ever should get hit the person either has no insurance or not enough insurance. So I pay extra money to my insurance carrier just to protect myself from them (that is one of those little hidden costs of illegal immigration that no one likes to talk about).

As for prosecuting a case like yours, the chances are good assuming that you can find the person and assuming that you could make a good I.D. Otherwise the chances are not very good.

Hatterasguy · #15 04-02-2007, 12:23 PM

Well its not just Mexicans, not at all.

About three weeks ago an agent at our office was nailed by a drunk. Luckly she was all right. She was driving a Chevy Impala rental at the time because her S430 was in the shop over the weekend. She stopped at a stop sign and the drunk didnt, they nailed her really hard, and just took off, she gave chase and called the plates into the cops. The drunk got home and the cops visited him and arrested him a few hours later.

Said drunk was not poor, he was driving a late model Dodge and lived in an upper middle class area. So all the neighbors must have seen the PD cars outside.

His insurance is probably now fighting with the rental company, I'm sure next month his bill is going to change a bit... I hope they include a tube of KY with the next bill...