do i have to appear in court for this?
My boyfriend witnessed a hit and run outside of our home that involved my vehicle. the other vehicle was a tiny box truck with a company name on it. the driver slid on some ice, hit my vehicle, got out of his truck, examined my car then got back in his car and left the scene. we were able to get his license as he was driving away and called police who told us due to the weather call back tomorrow and contact your insurance. i started a claim and police report and my ins covered all the damage but they are waiting for PR to see if they can get the other drivers info. Meanwhile the cop said the other driver will need to go to court. Im not looking for any money since my ins covered it in full- will my bf and i need to appear as witnesses ? They never asked if I wanted to press charges? What are the typical legal procedure in a scenerio like mine where im not looking for damages but the other party did break a law. I am in Mass. Thanks
Update:sorry i forgot to mention something important, my boyfriend saw this from the window of our house , no one was outside at all. the driver of the truck did not realize he was being watched
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There are probably two cases going against the driver of the truck, a criminal case for leaving the scene of an accident and a civil case for the damage to your vehicle. The police did not ask if you want to press charges because it is not up to you, the driver left the scene of an accident.
You may have to go as a witness for either or both of the cases. You should receive a witness summons if you are needed for either one. There is a good chance both cases will get settled out of court and you will not be needed.
The civil case would have been started by your insurance company against the driver of the truck as that driver is responsible for the damages, not your insurance company. If they win the case (they most often do) they should refund to you any deductible you paid to have your car fixed.
It is unlikely that the hit and run driver will contest the accident because there is a witness. Even if the state decides to press hit and run charges, again because there is a witness, he will probably get an attorney and they will work out some kind of plea bargin with the DA. The possibility exists that your BF will have to appear as a witness but I think that probability is pretty low.
forget the money issue then if that's not your concern, howver the driver was involved in a hit and run and that is against the law. He should be prosecuted and face the appropriate penalty. You are therefore witnesses to provide evidence he did commit a crime. Really people like that should have their licence removed, and you are the person who can make that happen. What if you had been hurt? Or your boyfriend? The next time this guy does that, someone could be hurt or killed. Don't you want to make sure that doesn't happen?
Very simple: you will need to appear in court if you do not want your insurance rates to go up. Your insurance company has already paid your claim. Now they want the other guy to reimburse them. If you don't help them by showing up in court, they can't win their case and then they will raise your rates.
You have a legal responsibility to help your insurance company go after the driver that did the damage. Failing to do so can cause the carrier to cancel your insurance or worse go after you for what they have already paid.
Your insurance company is entitled to get their money back from the insurance company of the at fault driver. If they need you two to witness, you had better co-operate. Otherwise, expect your insurance rate to sky rocket or the company to drop you.
You do not "press charges" you are not the prosecutor, what you do is report the incident and if there is enough evidence then they will charge the person and they will go to court.... your "job" is done, your insurance company will chase his insurance company for the money to pay your bill, that is why we pay insurance, they do the work
I expect your bf will be called as a witness, unless the driver pleads guilty.
You will receive a subpoena if you have to go.