Legal Question in Real Estate Law in Arkansas

Damage to my house

Last night, a car came over the hill, missed the curve, plowed through my yard and hit my house. The driver ran, leaving the car running. When the police arrived, they called for our gas to be turned off, got a tow truck there, etc.

Major repairs will be needed. My insurance agent is on it and restoration co came today to tarp. Adjuster comes in the morning, along with restoration crew to determine what needs fixing.

Do I need to consult a lawyer? If so, what kind? Is this a traffic issue or trespass issue or property issue or all? Do I need to press charges or does that happen since its a hit and run?

Thank you!


Asked on 3/31/04, 12:55 am

1 Answer from Attorneys
Harvey Harris Harris Law Firm

Re: Damage to my house

This would be a civil matter. Since the police were there, there is a police report. That is something insurance would need and you may need later on.

This is a civil matter involving property damage. It would not likely be a trespass because trespass requires intentional entrance on someone else's property.

I assume you are trying to figure out how to have the driver pay for the damages he/she caused. You may want a lawyer if you have to file a claim to get this person to pay. There doesn't sound like much doubt as to what happened. Getting the person to pay is another matter. That is what a lawyer may be able to help with.

Send me an email and I will give you a more detailed answer (no charge) as to how I would proceed in this situation.

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Answered on 3/31/04, 10:17 am


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