LEO advice

[tackdriver]

A lady hit my parked car refused to give me her insurance card, etc. and then end up taking off
I contacted law-enforcement and officer came out and took the information along with photos I had taken of her car
I had asked the officer a bunch of questions, but I have a couple more about what happens from this point on.
he gave me a case number and I know as much to contact my insurance company, but what will go on from this point? Is she now subject to Arrest?
Will her car license be enough to go after her in small claims court if insurance doesn’t come through?
I suppose my insurance company might be able to answer some questions but they were closed today, Saturday
thanks

[mike.h]

That happened to me, I didn't see it, but my Tesla did... long story short, the car got fixed and the other driver got into trouble .
FAFO

[74elko]

Good luck. Similar thing happened to me. Guy side swiped me in front of my house (Narrow one way street with cars on both sides). Neighbor told me the guy lived two blocks away. I went to his house and told his wife I was calling the police if he didn't give me his info, she gave me his Mexican ID and told me he was undocumented and asked me to not call the police. I gave all the info to my insurance and still called the police. He said I reversed down a one way street and backed into him with the side of my car... They found us 50/50 liable. I called the police and they said there was nothing they can do, civil matter. When I pressed about an unlicensed undocumented immigrant driving illegally they said they city of Richmond doesn't handle immigration matters lol.

TLDR: illegal hit me and ran. After he was found insurance and police said it was 50/50. Nothing happened and I fixed it myself.

[Spaffo]

Have insurance handle it. Most agencies will not do a follow up on a PDO h&r report.

[RickD427]

What you have described is a misdemeanor "Hit and Run." At this point, an arrest warrant would be needed to make the driver arrestable. One key point is going to be the identity of the driver. You cannot determine that from the license plate. The license plate will only identify the Registered Owner of the vehicle. It will not establish who was driving it on the given date.

Don't put too much faith in Small Claims Court. At best you will win a judgement, but then good luck collecting on that judgement. You also have to prove your case. Don't rely on the police report. It is inadmissible per the provisions of Vehicle Code section 20013. The rules of evidence are relaxed in Small Claims actions, but the prohibition of Section 20013 applies to any court.

This is best handled by your insurance company. This is what you pay them for. Every insurance provider has a subrogation unit. They'll evaluate your information and will probably have the highest probability of collecting from the other driver. Subrogation folks pride themselves on their ability to get blood from turnips.

Law enforcement agencies have differing polices regarding follow-up investigation on minor crimes. Mine did pursue. As a very junior deputy, I got my first investigative experience running down Hit and Run cases (and actually solved a residential Arson case connected to a Hit and Run). If you have the vehicle identified, you're half-way home. You still have to show who was driving it.

[sonofeugene]

Let ICE know about him.

[tackdriver]

OK thanks everyone. I haven’t contacted my insurance yet for their suggestions till tomorrow.
luckily I do have a photo of the driver if push comes to shove.
and Rick, as always, I appreciate your sage advice. i’ve had numerous experience with small claims and like you say I’m aware of the pitfalls. hopefullyThe notice of the lawsuit would be enough to get them to play ball. Providing of course I can get their address from law-enforcement?
I guess I won’t know what course to follow until after I talk to my insurance tomorrow
I’d love to see the look on their face if and when they get a citation through the mail.
Thanks again everybody.

[Chewy65]

The above officers gave good advice. Regarding your insurance company, I know something about that, but I am prone to forgetiting. First, fron what you say, your insurer will pay for repairs under collision coverage, unless you have uninsured/underinsured motorist coverage. At this point, no one knows if the other car was insured. Note that I said car. In Califonria drivers are not insured, vehicles are insured and drivers are covered except under circumstnaces which may or may not apply. Report it to your insurer and let them figure out if she's insured. Careful threatening to make a police report if someone doesn't pay up. You may end up being the person chargged with felony extortion, but the officers would know whetner that is likely. I have no criminal law experience and can give no legal advice.

[Gawernator]

What you have described is a misdemeanor "Hit and Run." At this point, an arrest warrant would be needed to make the driver arrestable. One key point is going to be the identity of the driver. You cannot determine that from the license plate. The license plate will only identify the Registered Owner of the vehicle. It will not establish who was driving it on the given date.

Don't put too much faith in Small Claims Court. At best you will win a judgement, but then good luck collecting on that judgement. You also have to prove your case. Don't rely on the police report. It is inadmissible per the provisions of Vehicle Code section 20013. The rules of evidence are relaxed in Small Claims actions, but the prohibition of Section 20013 applies to any court.

This is best handled by your insurance company. This is what you pay them for. Every insurance provider has a subrogation unit. They'll evaluate your information and will probably have the highest probability of collecting from the other driver. Subrogation folks pride themselves on their ability to get blood from turnips.

Law enforcement agencies have differing polices regarding follow-up investigation on minor crimes. Mine did pursue. As a very junior deputy, I got my first investigative experience running down Hit and Run cases (and actually solved a residential Arson case connected to a Hit and Run). If you have the vehicle identified, you're half-way home. You still have to show who was driving it.

I just went through this, I was able to figure out the plate of the vehicle 8 days after the hit and run via investigative means and CHP put the vehicle at fault in their report. Driver was never identified so no arrest but the owner's insurance had to payout thousands to me.

[tackdriver]

Well, here’s the latest. My insurance company did some checking and found out that the other driver has had no insurance for the last two years. The good news is I’ve got the uninsured coverage so my insurance company is gonna waive my deductible of $1000.
i’m really curious what actions the police will take in pursuing this person. I’ve tried calling numerous numbers for the police to ask and all I ever get is recordings.

[Spyder]

Depending on staffing, resources, and priorities it's unlikely that they will do much. Non injury non violent misdemeanor committed not in the presence of any officer and based only on statements from one of the involved parties would be awfully hard to get any sort of conviction on. Be glad your insurance company was able to determine that, take their pay out, and move on, is what I recommend.

[Gawernator]

Well, here’s the latest. My insurance company did some checking and found out that the other driver has had no insurance for the last two years. The good news is I’ve got the uninsured coverage so my insurance company is gonna waive my deductible of $1000.
i’m really curious what actions the police will take in pursuing this person. I’ve tried calling numerous numbers for the police to ask and all I ever get is recordings.

What Spyder said. Sadly there is too much crime here so for a property damage only hit and run they'll just give you a basic report most of the time to give to insurance and that's it. I did CHP follow up with me on mine and write a full report and go to the gas station to retrieve video I found but they wouldn't even release it to CHP without a subpoena. The officer pretty much said that's the end because we don't go after hit and run without injuries

[tackdriver]

What Spyder said. Sadly there is too much crime here so for a property damage only hit and run they'll just give you a basic report most of the time to give to insurance and that's it. I did CHP follow up with me on mine and write a full report and go to the gas station to retrieve video I found but they wouldn't even release it to CHP without a subpoena. The officer pretty much said that's the end because we don't go after hit and run without injuries

Thanks everyone. Kinda what I figured. I'd think they'd be involved due to them not having any insurance. I am sure no repercussions is what that driver is counting on.

[Gawernator]

Thanks everyone. Kinda what I figured. I'd think they'd be involved due to them not having any insurance. I am sure no repercussions is what that driver is counting on.

yeah it’s messed up but unless you die in the crash they don’t really investigate much