Hit and Run in the State of Louisiana

SaleenFiend

04 MC Cobra
Established Member
Joined
Aug 12, 2004
Messages
2,213
Location
Louisiana
Today, I was hit in my 1 month old 2011 F150 FX2.
I stopped at a local store to buy cigarettes. When I went to leave I put the truck into 'Reverse' and checked for other vehicles. Immediately, I noticed a woman walking behind my truck to get into the vehicle next to me. (I saw her on my backup camera, and the park assist alarm in the truck went crazy)

Next, I began backed out of the parking spot and began to move forward. I was stopped about 10ft in front of me in order to allow the people exiting the store to pass in front of my truck. Approximately 5 seconds later while I was stopped and in 'Drive', someone backed into me.

Small damage to the rear pass side of the bumper and quarter panel - Painting required

We parked and she then asked me, "What do you want to do because I am in a hurry and have to pick up my daughter at court (It's 5:30PM and our Livingston Courthouse closes at 4:00PM). I told her I was filing a police and an insurance report. While I went into the store to use the phone she drove off (my cell phone was dead as I had just left work).

Two police cars arrive and I explain to one cruiser the type and color vehilce (mineral greay new Nissan Frontier xtd Cab) that hit me. The other Officer took my information. About 20 mins later while the Officer and I were finishing up the truck and driver who hit me arrive back at the scene.

My problem is the cop then changed the paperwork to a private property claim and botched up "MY" statement. He almost refused to fix it when I read the report after he handed it to me. (He knew this lady very well and had recently ticketed her daughter - No exaggeration - They talked for 20 minutes about the upcoming courtdate)

After all of this, I went back into the store to talk to the Asst. Manager on duty. The Asst. Manager said that after the offender left she called the store to ask if I called the law and the Manger told her I had called the cops. (That's why she came back)

--Unfortunately for me, The offender told the police officer that I said "**** it, don't worry about it." (Which is false) So that she thought it was ok to leave. She also claims her friend called her to let her know I called the cops. (LIE -- When she obviously called the store Manager to ask)

She never picked up her daughter.
She had an expired insurance card and did not have her registration paperwork with her.

My questions:

1. Is this still classified as "Hit and Run" in the state of Louisiana?

The store clerk is willing to testify if I have issues with insurance "at fault" labeling and says I can have video if the police of my attorney (If I need one) request it.


What should I do? (Let it play out then if it is not classified as her fault seek legal assistance?)



Thank You in advance for any help or information provided.
 
Last edited:

SaleenFiend

04 MC Cobra
Established Member
Joined
Aug 12, 2004
Messages
2,213
Location
Louisiana
Sorry for the Long post.

Although, the story is very important in it's entirety... cliffs:

  1. I was backed into by another vehicle after I paused from moving forward in order to allow pedestrians to pass.
  2. The offender left the scene only to return 20 minutes later because she found out I called the cops.
  3. The offender lied to me about why she had to leave
  4. The offender lied to the officer about why she came back
  5. The officer and offender were in very good relations and knew each other beside this case.
  6. The officer almost refused to accurately state what I said on the report. (leaning the description almost in her favor)

I feel like the officer tried to make this hard to file an insurance claim due to her fautl, because the relationship he shared with the offender.

Lastly, I know almost every cop in this town and share an amazing relationship with them due to my prior experience as a Reserve Officer for a temporary amount of time. I mean no officer disrespect and always treat them highly because I honestly do understand the stress of their position.
 

svtcop

Pain Don't Hurt
Established Member
Joined
Jul 12, 2008
Messages
4,237
Location
Ohio
Normally in private property accidents you have a certain amount of time to report the crash. This may differ from state to state but why didn't you just ask the officer on scene?

What's the difference at this point? She returned to the scene (who cares why) and gave the necessary info.

Contact your insurance company and let them deal with it. That's what you pay them for.
 

rubicon04

SVT Poster
Established Member
Joined
Feb 14, 2008
Messages
290
Location
U S of A
Normally in private property accidents you have a certain amount of time to report the crash. This may differ from state to state but why didn't you just ask the officer on scene?

What's the difference at this point? She returned to the scene (who cares why) and gave the necessary info.

Contact your insurance company and let them deal with it. That's what you pay them for.

The difference is she left the scene of an accident which in most cases indicates fault. And regardless of that fact, the officer enhanced the report to lessen the blame on the vehicle that left the scene based on what seemed to be a prior relationship they had according to the OP.
 

SaleenFiend

04 MC Cobra
Established Member
Joined
Aug 12, 2004
Messages
2,213
Location
Louisiana
Normally in private property accidents you have a certain amount of time to report the crash. This may differ from state to state but why didn't you just ask the officer on scene?

What's the difference at this point? She returned to the scene (who cares why) and gave the necessary info.

Contact your insurance company and let them deal with it. That's what you pay them for.
After the officer almost refused to accurately depict my statement it was clear to me that I was not going to be able to get the assistance needed from him. For the first time in my life I felt like I was given the raw end of a deal due to a police officer. In my opinion it was clear the offender left the scene of the accident because of lack of Registration Paperwork and probably a few other reasons I am not aware of. Hit and Run is a serious offense, and can you imagine if this had happened in a private area without videos or other witnesses? It's obvious, she will not be ticketed or jailed at this time because the officer did not ticket her in what I feel would have been accordingly.
(The reason why I'm seeking assistance in the Louisiana Law's regarding Hit & Run.

I filed the claim on the accident immediately after leaving the scene.

The difference is she left the scene of an accident which in most cases indicates fault. And regardless of that fact, the officer enhanced the report to lessen the blame on the vehicle that left the scene based on what seemed to be a prior relationship they had according to the OP.

Exactly. I need fault indication to be clear and with a vague police report and offender who has obviously crossed many legal lines at this point in this case I have a feeling it will be difficult to prove. I understand the laws of Negligence/Tort and while she may not have had any intent, she failed to uphold her duty.

Once again, I appreciate all responses and help!
 

Users who are viewing this thread



Top