[#permalink]
03 Oct 2007, 12:33
You need to expand your mind. I've got 2 words for you... Pain and Suffering (har har). Sure, your compensatory damages might only be $200, but your pain and suffering could be (depending on state law) limitless. Pain and suffering is great because it's so difficult to quantify.
Regarding this person's financial stability, I've got 7 words for you...Parent's homeowner's insurance. Generally speaking (and again, depending on state law), most homeowners insurance is also liability insurance. The big thing here is that children away at college are generally considered to be covered under their parent's homeowner policies, even if the the children don't live under that roof any more.
The other more obvious source of fundage would be auto insurance, with many states requiring minimum's of at least $25k or $50k for injuries. I'm guessing that you concluded this person didn't have insurance because they ran.
And yes, this would be considered hit and run, but you don't need to prove that to collect cash justice from him. Basically, any time there is a car vs. person altercation, the car (driver) is at fault. The fact that he ran just makes it really simple for you to make your case.
If you don't want to waste a lot of time and effort, hire one of those personal injury lawyers that advertises on TV. Heck, you might be able to find one that's willing to front you the expected settlement (less fees of 40-50% of course) because this case seems so obvious and blatant. I imagine it would go something like this. You call up the ambulance chaser, he drools and takes your case, he makes a few inquiries as to whether there is either auto or homeowner coverage, and then he works out a settlement.
If you have obvious bruises and injuries you can document in a medical report (broken bones are especially good, but soft tissue can work as well), then you can collect for pain and suffering; you might need to prove negligence or recklessness (again depends on the state), but that should be easy in this case. Don't limit yourself to $200, get yourself a piece of the American pie.