I was hit and run, got the police involved, but runner was not issued ticket! Why?

I had an accident on July 19, 2009. The guy rear ended my vehicle actually fled from the scene of the accident. I chased after the guy (because I didn't have my cell phone with me to call the cops with) and finally caught up with him some streets down, he was attempting to hide at the parking lot in front of the leasing office of an apartment complex. I, fortunately, found a police officer who was just getting off duty patrolling the apartment complex to attend to my plight, or so I thought. I honked to get the officer's attention, jumped down from my car and told him about the guy trying to run away after rear ending my vehicle. The police officer had us explain what happened separately (so I didn't hear whatever the runner told the officer). Officer made us exchange information while he called a back-up officer to bring the blue form for me to have. He gave me the blue form with instructions for me to fill it out at my convenience and then send it in for filing. I did just that! I was pregnant and shaken by the whole event so I depended on the police officer completely and didn't even ask any questions (my huge mistake).

I later called in to file a claims with the runner's insurance (ACCC) and after a few months of getting the run around from them they denied my claims because they could not get a hold of their insured to provide is own statement of what happened on that day. I finally got tired of driving my car around with the dented rear bumper and proceeded to fix my car through my insurance (Nationwide), but I had to pay out of pocket a $500 deductible, they covered the rest. It is so unfair that I had to pay for someone else carelessness. I feel cheated.

But the part I don't understand is that I had the police involved and also filled out and sent in the blue form. Runner's insurance (ACCC) told me the blue form does not mean anything to my claims. I called the police department to ask if I could get a police report of some kind to help my claims with the runner's insurance, but they insisted the blue form is a police report and insurance companies should consider it as one. I never took the names of the police officers (big mistake) so I had to call records to get the vehicle number for the police vehicles that came out that day. I then called the police department to find out the names of the officers who drove those vehicles, but surprisingly they were very reluctant to tell me. After a second attempt by phone I was able to get the name for the back-up officer that brought the blue form out to us that day. I have called westchase police department about 3 to 4 times over the last two months and left messages for the back up officer. I wanted to just plead with him to consider working with my insurance lawyers on the claims, but he does not return my calls and there's no other way for me to get a hold of him... or is there?

My insurance company (Nationwide) tell me if the runner had gotten a ticket then my case would have been stronger. On the day of the incident I remember hearing the police officer tell the guy and I quote "so follow the instructions and do what I told you to do when you get to court". This led me to assume he gave the runner a ticket which I explained to both insurance while filing my initial claims. After numerous phone calls to records and police department I later on found out that no ticket was issued. So my big question is why didn't the police officer give the runner a ticket for a reported hit and run incident?

My insurance just informed me that they also could not reach the officer and don't have a strong enough case to go to court so they have decided to close the case. Which means I just lost $500. I'm unemployed right now and can't afford to just let go of money, its just so unfair.... what else can I do?
femijoke
Asked Feb 01, 2010
Take your case to small claims court and have both the officer and the back-up officer subpoenaed and if there are any witness-have them go to and state your case. It doesn't cost that much and I bet you will hear from them and if not you still have all your papers and I hope that you took a picture of your car-that always helps. It will not look good for them to have to appear in court for a backend hit and run case. especially when they didn't take care of business right the first time. A lot of cases go to court without anyone getting a ticket. you have the burden of proof so go in with all the fact and proof you can get.
niteowl24
Answered Feb 23, 2010
You should talk to your attorney and involve them. In many cases where police did not issue ticket and prepare report of whole incident and also mention the accuse in report. Car damage is big evidence and guy who run from place is another evidence, If you proof the offense of that guy in court, court can issue instruction his insurance company to compensate your loss.
mikebestman
Answered Jul 25, 2013
Please look at the date before answering. These cases happened three years ago.
admin Jul 25, 2013

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