What can I do?

[Josh Martinez]

Jurisdiction

New York

I was working on my pickup truck along with my sister when it was hit by a speeding and inebriated driver in my apartment complex parking lot. I was underneath the truck working on the exhaust when it happened. My kids were nearby playing also. I was not hurt but would have been severely injured or killed if I had been at the back of the truck, where I had been about 2 minutes prior. The other party was arrested and I am waiting on a police report to be finalized. I have contacted his insurance 4 times now and they insist there is no policy under his or the vehicle owners(his mother) names. I can not file a claim through my insurance due to only having liability insurance due to my truck being considered a salvaged vehicle. I have talked with two attorney offices and they have told me they can not help me due to me not being injured. Is there anything I can do? I don't want this person to get away with this.

 

[Zigner]

You can speak to the prosecutor about restitution for the damage to your truck, or you can sue the bad guy in small claims court.

You can't sue for what did not happen in this case. Congratulations on your good fortune to not be injured.

 

[Josh Martinez]

You can speak to the prosecutor about restitution for the damage to your truck, or you can sue the bad guy in small claims court.

You can't sue for what did not happen in this case. Congratulations on your good fortune to not be injured.

Can I press any type of charges or anything like that? He was clearly under the influence of drugs. I was not asked by the officers about charges or anything like that and in the moment I did not even think about it.

 

[Zigner]

Can I press any type of charges or anything like that? He was clearly under the influence of drugs. I was not asked by the officers about charges or anything like that and in the moment I did not even think about it.

The state is already pressing charges. If you ask for restitution, you are kind of "piggy-backing" on to that case. In fact, your chances of collecting restitution in this way are greater than if you sue civilly. One last thing: I don't believe that an order for restitution prevents you from filing a civil suit.

 

[adjusterjack]

NY has a victim assistance program. I don't know if it would apply to your situation but it can't hurt to check it out and apply:

Victim Compensation | Office of Victim Services

 

[zddoodah]

I have contacted his insurance 4 times now and they insist there is no policy under his or the vehicle owners(his mother) names.

If the insurer is telling you that "there is no policy under [the driver's or owner's] name[]," why is it that you think the insurer you contacted is "his insurance"?

I have talked with two attorney offices and they have told me they can not help me due to me not being injured. Is there anything I can do?

Even if that's what you were told, it's not what they meant. Since you weren't injured, your only claim is for the damage to your vehicle, which means the lesser of the cost of repairs or the vehicle's fair market value before the accident. Given your description of your vehicle and the fact that you didn't both with comprehensive coverage, I'm guessing your vehicle wasn't worth more than a couple thousand dollars. If that's right, that means you'd spend more on attorneys' fees than the vehicle is worth. If you want to sue the driver, do it in small claims court. Your state may also have some sort of crime victims' compensation fund, and you can call the local district attorney's office or google about that.

Can I press any type of charges or anything like that?

"Press charges" usually refers to a criminal prosecution. That's something only the DA can do. You can sue in civil court.

 

[army judge]

Is there anything I can do?

Yes, thank God Almighty, Allah, Yahweh, Jehovah, Buddha, Magic Rock, Omniscient Oak, Powerful Pine, Cheerful Cherry, Gloomy Grapefruit, Lady Luck, Lucky Strikes, yourself the pious, or whatever deity you worship; that you survived a near death tragedy without one hair on your body being harmed.

If it had been me, I'd still be praying and praising God.

I don't want this person to get away with this.

The person got arrested.
The state will deal with the arrested person.
You can help the state convict the dangerous driver by contacting the police (or the prosecutor) and telling what you saw or witnessed.

Bums, drunks, dope fiends, deadbeats, felons, criminals, miscreants, ne'er do wells, moochers have nothing but their miserable life or freedom to lose.

You, on the other hand, were NOT harmed.

 

[Zigner]

NY has a victim assistance program. I don't know if it would apply to your situation but it can't hurt to check it out and apply:

Victim Compensation | Office of Victim Services

According to the information on the site, since the OP wasn't injured, the only way he'll be eligible for any compensation would be if he's over 60. If he is over 60, the compensation for "essential" personal property is up to $500. It's arguable whether the pickemup truck is "essential", since the OP seems to be doing just fine without it.

EDIT: The OP would need to be 60 or over, not "over 60".