Legal Question in Personal Injury in California

Re: Car dealer hiding hit & run identity?

The local police and your insurance company SHOULD be your advocates. Press them with the info you have. Without injuries to make the claim valuable, just deal through the insurance company for the property damage and modest PI payment.

Re: Car dealer hiding hit & run identity?

We agree with what the previous attorney stated in his post here as well. However, if this is ineffective, you may want to also consider filing a lawsuit against the dealership since the only known record of the vehicle's ownership is in fact the dealership. Then it would be up to the dealership to either defend the lawsuit or produce the identity of who in fact the real owner is if they want to escape liability themselves. If you would like affordable, effective assistance in this matter, contact us directly for a free phone consultation.

Re: Car dealer hiding hit & run identity?

I agree with Mr. Nelson and Mr. Torrey, and I have a few points to add.

First, your case is governed by California law. The dealer, however, is subject to Nevada law; if Nevada has laws which limit dealers' ability to disclose customer information, then the dealer has to abide by them.

Second, whether such confidentiality laws exist or not, the dealer has no legal obligation to help you unless and until you or a prosecutor properly subpoena the information from it. Subpoenas can only be issued in connection with court or administrative proceedings. The police cannot do this, though they can ask the dealer to cooperate; if Nevada law permits, the dealer might well give the police information it would not give to an individual.

If the D.A. decides to charge whoever hit you (which he will probably decline to do) he can subpoena the records. Otherwise, your friend's only remedy would be to sue the driver as a "John Doe", subpoena the information, and then amend the complaint to include his correct name.