Legal Question in Traffic Law in Virginia

Hit and run?

A person in a SUV backed up into the front of my car and damaged the bumper and headlight assemply. This occured in a parking lot infront of a shopping center. I called the incident into his insurance campany and was given a claim number, it has now been 10 days and he has yet to call it in and his insurance company is unable to reach him. They told me he has 30-60 days to reply and that I would have to wait until then. Is this true? Can I sue him befor this time period? I can't just sit here and wait 2 months for him to do something about it. The police was not called but there are witnesses. What are my rights in this situation?

--name removed--


Asked on 10/30/06, 12:03 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Hit and run?

You, as a potential claimant against the insurance carrier's client, are not required to settle your claim for damages through the carrier. There is nothing right now from preventing you from going to small claims court and filing your case for damages. (Before doing so, however, you might want to send the defendant a demand letter putting him on notice of your intentions if matters regarding settlement of your claim are not handled expeditiously.)

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Answered on 10/30/06, 12:15 pm


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