Amateur Legal Advise

So I was hit and run by a car and they ran over my board.

After picking myself up I didn’t get a good look at the plate.

filed a report.

fixed the board enough to ride a low speed to go out searching for the car.

Found the car filed another report.

Waiting for the investigator to do their job it’s been a week.

One thing the investigator did was run the plates. Registered owner is dead and the car hasn’t been registered since 2018.

I guess I either wait for them to figure out who has been driving the car based on the apartment where its parked or hire a PI.

I have no idea how to go about filing a lawsuit or whatnot.

Any experience based advice?

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You are likely going to spend a lot of money, and get next to nothing out of it. Sorry about your accident bro. Board still ok? You hurt at all?

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Banged up pretty good shoulder feels like I pulled some muscles.

front truck axel was bent, brand new aluminum threesix deck took a 5 degree bend on the front fork, and all the hubs/tires are spent.

If they had insurance that would be one way to handle it but that’s pretty unlikely

I just want my board replaced and them to get some consequences for pretty much running someone down in broad day light with no remorse

this has happened to me twice. I just keep getting asked “did you see the plates or remember anything about the car?” and I’m like “no I was hit by a car” and they say they can’t help because ICBC deems my riding of a skateboard on a road or sidewalk to be an illegal act. so I have no rights I guess. I’m just lucky they didn’t do anything about me esk8ing.

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Damn wtf. I think it’s a bit different here in California with how electric skateboards are viewed legal wise

here it’s essentially “it’s illegal but we’ll kindly allow you to do it as long as you don’t cause trouble or make us do extra work” but because it’s illegal we have zero rights with anything concerning it. no insurance. no liability. no recognition under the law. Do-At-Your-Own-Risk type shit.

Jesus that’s insane where do they draw the line

well, it’s not a bicycle, so it can’t be an ebike, and it doesn’t fall under laws for pedestrians, bicycles, motor vehicles, or ebikes. technically even riding an acoustic park skateboard down a road is illegal here, it’s just not an enforced law, like speeding or improper use of turn signals.

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Of course it did big fella.

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Glad you’re not too banged up! That car that hit you should be towed for not being registered if its parked on public property. Make a complaint and get that shit towed!

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No car is responsible for damage done to a skateboard, as skaters we take the risk so we can enjoy the reward. Usually we win but sometimes we lose, this time you lose.
Better to pay for your own repairs than have some possibly crazy meth smokin dead dudes car drivin bad boy giving you extra attention.

Stay safe bro.

Some good, some bad advice here. I am not sure where you are located, but if you are in the US (likely), you have some options. Getting a lawyer for this type of claim will not cost you anything up front. This is almost certainly a contingent (i.e.: “We do not get paid unless you get paid”) type of claim. Assuming you are not at fault, which you imply but I did not see you state it explicitly, then you can file a suit against the driver, the insurance company that insures the vehicle (if it were driven with permission), or your own insurance company provided you have UM/UIM coverage and actually have an insurance policy. As to the last option, if the at-fault driver is unable to make you “whole,” then your own insurance company may “step into the shoes” of the at-fault driver and compensate you where the at-fault driver could not.

Since you have injuries, the value of those is going to far outweigh the cost of fixing your board. Most vehicle vs. pedestrian accidents will likely be five figures minimum with actual diagnosed and treated injuries.

There is an entirely false idea that it is going to cost you more getting a lawyer than you would recover in these types of cases. In plaintiff’s cases (where you are the one doing the suing), you almost never pay up front, or by the hour. Your lawyer will take a portion of the recovery (usually 30-40% of the gross). You are also NOT assuming the risk of skateboarding when someone else acts negligently. For example, if you are going along the street and someone in a parked car opens their door and you hit it, most large cities have a statute that says the driver of the vehicle is at fault for not checking for oncoming traffic. Just because you are on a skateboard does not mean you are screwed.

I suggest you reach out to a local plaintiff’s firm in whatever city you are in. The consultation is almost always free, and if there is any chance of a recovery, the lawyers will let you know and probably jump at the chance to sign you up. In this type of law, the biggest hurdle for the attorneys is getting the client in the door, not actually litigating the claim. If the other driver was at fault, then there is a very high likelihood you have paths to recovery.

Source: E-skate commuter, long time lawyer, have defended against these types of claims for large, corporate and municipal clients (i.e.: am the devil.) .

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Great reply! I’m in Long Beach, California

It was a four way stop in a residential neighborhood, middle of the day. We both stopped, facing each other going opposing directions. We both started going forward, then she decided to take a left turn right into me. I went over the hood, got up to confront her and she just mean mugged me and then took off running over my board getting stuck on top of it for a second or two.

I did talk with a few lawyers but it’s still a bit confusing. I’m not sure if I have to wait for the investigation to finish? One lawyer said there was like pre court insurance settlement or criminal act suit?

I don’t think she has insurance if the registered owner is dead and the car is unregistered.

Not sure If I have un insured motorist probably just basic liability

Should I even wait for the cops to do something? I could have a friend stake out the car, get some photos of her, her driving the car, figure out what apartment she lives in and get her identify from that.
Then take legal action?

Sounds like the driver was not using her turn signal, and you acted reasonably. Frankly, it does not matter much since this is a hit and run, and that the driver fled the scene tends to indicate an acknowledgement of fault. Put another way, the chances of a meaningful dispute of liability is practically zero.

You have no reason to wait for an investigation or the police to get a lawyer for a civil claim. The civil and criminal claims can run simultaneously, and since you were able to locate the driver, insist on pressing charges. That will take the discretion away from the police/prosecutors to some degree. If you know where the driver lives, you can likely run a public records search for a name, and then search social media to confirm the identity. Staking out the vehicle sounds reasonable, but be careful as hit and run drivers are often avoiding prosecution for other more serious issues. Do not confront the driver yourself unless police are present, because nothing good will come of it. You might take photos of the vehicle at some point if damage is shown. That helps in a civil suit later on. I am picturing a busted up, mid-90s Honda Civic, so the damage might be part of a rich tapestry of collisions.

As the lawyer mentioned, there is a possibility of an insurance settlement without a lawsuit. In fact, this is where most claims are resolved: usually an attorney negotiating with an insurance company. That said, a pre-litigation settlement will likely only happen if the at-fault driver is solvent and has liquid assets, or there is insurance at play. I am guessing this driver does not appear to have several thousand in cash at the ready. If the driver does not have insurance (another crime), and the car is unregistered/uninsured, the next best option is your own insurance. But if you have only basic, minimal coverage, that is probably not an option either.

Many states have what is usually called a “crime victims compensation fund” which comes into play in situations where someone is a victim of a crime, suffers financially, and the bad actor is unable or unavailable to pay. This is probably also an option for recovering something.

If none of that works, you can go after the driver personally for any assets she might have, and place liens on any real property owned. You mentioned apartment, so that might not work either. You can still get a judgment, garnish wages, and get money that way.

And if THAT doesn’t work, find something arguably unsafe about the intersection (stop sign obscured by branches, faded stop line, missing sign, bad sight lines, etc.), and sue the City/County for negligent design/maintenance. I know that sounds a bit out there, but you would be surprised how often that happens.

I hope that helps.

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Thank you that was very insightful.

What type of Lawyer/attorney? should I look for I think early I may have been calling the wrong ones for this out of ignorance?

Is this like small claims court stuff?

just came in here to say fuck cars

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Fuck car drivers too

most people driving cars hate doing it, that’s why road rage is a thing

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I think there is some serious hate/roadrage against anyone using the road in this city that isn’t a car. Like telling you to get out of the street on a residential street as they fly by at 40.

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Part of car culture is a sense of superiority to those not in a car

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