Hit and Run

[KainXS]

I just got back home from Ihop and about 5 or 6 minutes after I got back I hear this loud bang outside I knew what it was, this guy in a Yukon smashed into my car and knocked both axels off with the 2 side tires laying street with one of the tires with the springs still attached, so it was basically destroyed, the back of the car was grinded like paper and the frame was bent, it was totally destroyed.

So the cops were able to find the Yukon because his car was leaking oil and his front tire came off when he turned and they got to his house and he tried to hide the car behind another car.

Who did it, a drunk spanish guy, now like all people who experience this when I saw the guy I freaked out and tried to beat the guy up but the cop wouldn't let me. The cop goes like is that your tire on the side of the road, and his god dam car is sitting there with no tire with the front and side almost destroyed and he says no. The cop is pissed off now and I find out this as*wipe has insurance and the cop is really mad right now because this guy is being a di*k and he says im taking your car, and starts writing a crapload of tickets as I leave.

so yeah, I have to wait for the insurance to come through, i was almost done with the payments too, a 2004 galant destroyed like that.

im so pissed right now.

if you do a hit and run while drunk in the U.S you go to jail right.

dam drunk drivers

If I would have gotten home 5 minutes later that as* might have killed me.

[psyko12]

Good thing you were not harmed, although it still bad that justice wasn't served right! Here in our country The Philippines if that happened it's instant jail time! When I was still in college going home from a party walking along side the highway... We saw a zooming car that tumbled over coz he hit the island of the street and hit an electric post which was concrete and car was upside down and shattered glass and all then the driver crawled out and said "What happend?" he wreaks of beer and alcohol he was drunk! We called the local authorities and watch him get a ride to jail, luckily I stopped to tie my shoe lace if I hadn't I would've been a ghost!

[calvary1980]

bad karma for never getting my name right! :p

- Christine

[lemonadesoda]

KainXS, count yourself VERY lucky.

1./ You werent in the car
2./ No one else was in your car
3./ No innocent bystanders got hurt
4./ No precious items broken that are not replaceable
5./ The guy got caught
6./ Insurance will pay up

Count you lucky honey-coated breakfast cereals for all of the above.

[farlex85]

Hey at least they found him and you'll get compensated. The wonders of humanity never cease to amaze me though, sure we're technologically advanced to design them, but are we intelligent enough to operate them. The vast majority of evidence I see states a resounding NO! A drop of rain falls around here in the city, you can bet traffic will be stop and go everywhere due to countless wrecks and basic foolishness. And still nobody seems to learn. I wonder how we have computers......:laugh:

[WhiteLotus]

KainXS, count yourself VERY lucky.

1./ You werent in the car
2./ No one else was in your car
3./ No innocent bystanders got hurt
4./ No precious items broken that are not replaceable
5./ The guy got caught
6./ Insurance will pay up

Count you lucky honey-coated breakfast cereals for all of the above.

agree with all of that totally, a car is just a car, as long as no-one got hurt

[Thermopylae_480]

Good thing he had insurance. Hopefully you'll get re-reimbursed for the true value of the car.

[GJSNeptune]

I wish someone would do that to my car. Stupid 1992 Toyota Tercel. The BlackBerry and iPod I keep on me more than triple the value of it. :(

Glad there were no injuries. I probably would've tried beating him to a pulp myself, too. I've witnessed two near-accidents today. Someone ran a yellow light as someone the person in front of me was turning left. The light-runner honked and drove by me. I look at the opposite left-turn lane and saw a cop. He put his lights on and pulled the light-runner over.

[Kreij]

Sorry to hear about it Kain, but like others have said, no one was hurt.

Post some pics for us of your car.

[Cold Storm]

Kain, thats some Sh1t!!! I'm glad to hear that you wheren't hurt, and that no body else was!!! But like Kreij says... post some pics if you can....

[Black Panther]

KainXS, count yourself VERY lucky.

1./ You werent in the car
2./ No one else was in your car
3./ No innocent bystanders got hurt
4./ No precious items broken that are not replaceable
5./ The guy got caught
6./ Insurance will pay up

Count you lucky honey-coated breakfast cereals for all of the above.

+1 on that.

It's natural reaction, but whenever something like this unfortunately happens the best thing is to keep calm, you won't get anything more by attempting violence. Obviously I wasn't in your situation, I can imagine it would be extremely hard to keep calm though...

But count yourself lucky as per lemonadesoda's post quoted above, especially point no. 6.

Last August I had an accident, I was driving uphill at like 25mph in a narrow country road. A motorcycle was driving downhill, fastish, probably over 50mph. There happened to be diesel fuel or oil on his side, he skidded and lost control, swerved right-left-right etc, the guy got thrown over the motorcycle, and while I was braking I went over the motorcycle, damaging the running board of my car (the part where you put the hydraulic jack when you change tyres) and what's more the motorcycle rebounded and dented the side of my car.

It wasn't my fault absolutely. To avoid the motorcycle I could only have made my car 'skip' a 5 foot wall into a field, if that was possible.

The motorcycle was insured, but his insurance is refusing to pay, saying that the accident was not the motorcyclist's fault because there was fuel split on the road which caused the skidding.

I ended up having to fork out $800 to repair my car. :(

I thank heavens the guy didn't end up killed under my car, because who knows what they (or the courts in that case?) might decide, kinda like it was my fault I killed him since there'd be no witnesses.

I so much hate my country for this kind of shit. :shadedshu

[lemonadesoda]

Panther, YOUR insurance company needs a better lawyer. It doesnt matter that the rider didnt intend to damage your car. The fact is simple. He was not in control of his bike. He was going too fast for the conditions of the road. If there was an oil spill, that is his problem. He needs to have observed a change in the road conditions and slowed down to maintain control. He failed to slow down in time. Or he failed to observe the road conditions.

No. You are due recompensation from his insurance. If his insurance then wants to COUNTERSUE the transport department for leaving a road dangerous, that's their problem.

This sort of issue happens all the time in Europe in the winter. Cars slide on snow or ice. The car that loses control pays up. There's no excuse like "its not my fault, blame the ice, insurance wont pay". BULLSHARKS, Panther, dont let them cheat you.

P.S. Often insurance companies are in-bed with each other, especially if your insurance company is the same as his! They'll try and dump the costs on you!

[KainXS]

The cops say they can't arrest the guy because it took the cop 30 minutes to get to the accident, and the cop said that since he took so long to find the guy(about another 10 minutes) they couldn't proove he hit the car while drunk even though he was drunk at his house.

bs

he only gave em tickets, im so happy he had insurance though.

[echo75]

if you do a hit and run while drunk in the U.S you go to jail right.
.

depends on where you are!! Actually the act of hitting a person or their property and not stopping is bad enough alone talk less of being drunk too.
These califonia laws will give you an idea.


20001

(a) The driver of any vehicle involved in an accident resulting in injury to any person, other than himself or herself, or in the death of any person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.

(b) (1) Except as provided in paragraph (2), any person who violates subdivision (a) shall be punished by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine.

(2) If the accident described in subdivision (a) results in death or permanent, serious injury, any person who violates subdivision (a) shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days nor more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine. However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.

(3) In imposing the minimum fine required by this subdivision, the court shall take into consideration the defendant's ability to pay the fine and, in the interests of justice and for reasons stated in the record, may reduce the amount of that minimum fine to less than the amount otherwise required by this subdivision.

(c) A person who flees the scene of the crime after committing a violation of Section 191.5 of, paragraph (1) or (3) of subdivision (c) of Section 192 of, or subdivision (a) or (c) of Section 192.5 of, the Penal Code, upon conviction of any of those sections, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison. This additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. The court shall not strike a finding that brings a person within the provisions of this subdivision or an allegation made pursuant to this subdivision.

(d) As used in this section, "permanent, serious injury" means the loss or permanent impairment of function of any bodily member or organ.

20002.

(a) The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault. The driver shall also immediately do either of the following:

(1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver's license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver's license information, if available, or other valid identification to the other involved parties.

(2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.

(b) Any person who parks a vehicle which, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in damage to any property, attended or unattended, shall comply with the requirements of this section relating to notification and reporting and shall, upon conviction thereof, be liable to the penalties of this section for failure to comply with the requirements.

(c) Any person failing to comply with all the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

PENAL CODE SECTION 799-805

799. Prosecution for an offense punishable by death or by imprisonment in the state prison for life or for life without the possibility of parole, or for the embezzlement of public money, may be commenced at any time. This section shall apply in any case in which the defendant was a minor at the time of the commission of the offense and the prosecuting attorney could have petitioned the court for a fitness hearing pursuant to Section 707 of the Welfare and Institutions Code.

800. Except as provided in Section 799, prosecution for an offense punishable by imprisonment in the state prison for eight years or more shall be commenced within six years after commission of the offense.

801. Except as provided in Sections 799 and 800, prosecution for an offense punishable by imprisonment in the state prison shall be commenced within three years after commission of the offense.

<edited>

804. For the purpose of this chapter, prosecution for an offense is commenced when any of the following occurs:

(a) An indictment or information is filed.

(b) A complaint is filed charging a misdemeanor or infraction.

(c) A case is certified to the superior court.

(d) An arrest warrant or bench warrant is issued, provided the warrant names or describes the defendant with the same degree of particularity required for an indictment, information, or complaint.

805. For the purpose of determining the applicable limitation of time pursuant to this chapter:

(a) An offense is deemed punishable by the maximum punishment prescribed by statute for the offense, regardless of the punishment actually sought or imposed. Any enhancement of punishment prescribed by statute shall be disregarded in determining the maximum punishment prescribed by statute for an offense.

(b) The limitation of time applicable to an offense that is necessarily included within a greater offense is the limitation of time applicable to the lesser included offense, regardless of the limitation of time applicable to the greater offense.