My dad was in a hit and run accident and he finally found the car who hit him, should he sue?

Note: I am no legal expert. Nor am I an insurance expert. I'll provide some info and leave you to make a decision.

I'm pretty sure hitting, damaging another individual's car, and simply driving away is a "hit and run," which is a crime in the U.S. (what kind of crime depends on the state you live in). Some states classify it as a misdemeanor, punishable by a year in the county jail or a fine. Some states, a hit and run is a FELONY, which is punishable by a year in jail or several years in a state prison, and I believe in any case, a hefty fine goes along with a hit and run.

Suing is a civil matter. An action done by a person may have rendered damages or losses unto you, and a lawsuit (if you win) will force that person to issue repayments in respect to that action. This action may bring you the reparation money.

Pressing charges is a criminal matter. The government will investigate, make a ruling, and enforce an appropriate punishment. This action may send the offender to jail or prison depending on state or local laws. I don't know if this will bring you reparation money.

There's also a discrepancy (or a typo) in your story. "The man that was driving the car that hit my dad said that his wife told him she hit a pole." Who was driving, the wife or the husband ? It may be important when you press charges or file a lawsuit. If you sue, you can sue either the wife or the husband, but if you press charges, you can't sue the husband; he didn't do anything wrong, but you can press charges against the person who *did hit and run, the wife.

You have his address, work address, phone number, and most of all, the license plate number. That may give you some hold on him if you think he's not gonna hand over the money. However, it's strange how he asked for 3 weeks. I don't know if it has something to do with his paycheck (so he can get the money), or if he's going to sell his car and house to move somewhere else and leave the situation.

If he does just skip off and leave in the next 3 weeks without paying you, you can still probably use the information he gave you, give it to investigators (or someone) and sue him or press charges. There is a chance he may get away. But a small chance. Investigators can probably track him with the information he gave you, even if he moves away or sells his car.

If he doesn't pay up in 3 weeks, maybe you can sue the husband and/or wife. If that doesn't work and you still want justice, maybe you can press charges against the wife.

Here's the information. (Don't take me to be an expert, though. If you're unsure, contact a professional). Hope this helps,

-Lotus Leaf

Surly your dad took photos of this car before even speaking to the owners.

Your dad should have reported this hit and run to the cops.

If later she will again report that she hit a pole, what pole was it? It will still have the damage on it.

If he has already entered into discussions with the insurance company he cant then deny it.

I am sorry but I cant help but feel that your father is attempting to make a profit out of this incident and in doing so is backing him self into a corner. Just report it to the cops (which he did ) and let the insurance company deal with it. The guy wont be able to fool the insurance company.

I don't think it will hurt to wait three weeks, after all if you call the police then and say you found the man it will be no better than calling now and saying you found him. If you do call now and he is charged with fleeing the scene, driving without insurance, etc, he will be far less likely to pay since he will have additional fines for driving uninsured, and even possible jail time. You can then take him to court but it will be a lot of trouble, I think if he can pay outside of court it is best for all. At least give him the three weeks, if at the end he has not payed or started on a payment plan that your dad agrees to, then take him to court.

you can call the police but at this point, the only evidence you have is some paint on your car and some paint on his, that's it.

Your dad obviously did NOT get the plate number when the accident happened, if the guy tells the cops that he has no idea what your Dad is talking about, and that he just approached him and started accusing him of hit and run, who are the cops going to believe?

what you are saying may seem like a lot of evidence, but in reality, you got nothing.

If he pays, take it, if he doesn't its a lesson learned.

Call the police, or at least your insurance company. In order to get money, you probably need a lab to take paint samples. The three weeks thing? That could be the amount of time it takes the driver to get his car fixed and re-painted, thereby destroying evidence.

Yes - get some good pictures of the other car, and the damage to your car.

Yes - get the guy to admit in writing that his wife caused the damage to you car.

No sense calling the cops, unless the witness can identify the car & the driver who hit your car.

At least with photos, and a written promise to pay for the damage, you can take the guy to court if he fails to pay up.

Take pictures of both cars to show paint exchange and what not from being hit and you can then get the police involved now that you have proof.

At the very least get something in writing, but I would definitely call the police

Yes

call the police.