Legal Question in Traffic Law in Washington

At fault driver does not admit guilt

A friend of mine was hit in the left front bumper by a car coming from the left side and making a left turn. My friend was driving in a parking lot, while the other car was coming between rows of parked cars and did not stop on the stop line. Also, the driver of the other car continued driving, parked at the far end of the parking lot, and disappeared (hit and run). My friend took the names, address, and phone numbers of two witnesses and contacted the campus security and local police (Kirkland). The police did not file a report by saying that the school is private property, which is not the case since the school is a public school. His insurance company talked to the insurance company of the driver at fault and they deny paying liability on the bases that the other driver denied involvement in the accident.

1. Should the police officer have filed a report when it was on a public school grounds? The damage is for about $750.

2. He has underinsured/uninsured motorist coverage but his insurance company would not pay either because they say that the driver at fault has insurance. Is this legal?

3. What are his options at this point besides filing a small claims suite against the other driver?

Thanks.


Asked on 6/19/03, 12:11 am

1 Answer from Attorneys

David Ruzumna Law Office of David Ruzumna, PLLC

Re: At fault driver does not admit guilt

There is a possible bad faith claim against the at-fault driver's insurance company; depending on the situation, there may also be a claim against your friend's insurance company. Charges should have been filed in my opinion, but ultimately, that is a decision that is subject to prosecutorial discretion, as your friend was not damaged or harmed by the cop's failure to file. Feel free to have your friend give me a call at 206-985-8000 if s/he has any questions.

David Ruzumna

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Answered on 6/19/03, 11:20 am


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