Hi, forum members!

As I come home from a weekend of work out of town from Charleston, SC. I come home to hear bad news that my E60, 04 545i was in a hit and run by my neighbor of the same apartment building. Luckily for me, my roommate had just stepped outside and saw a toyota tundra run up on the curb next to my car and then pull out of the parking space next to my 545i to soon take off. He didn't think nothing of it until the next day when I come home and see my rear passenger door dented in and my left corner of my front bumper scrapped and the tow hook cover popped off. From a walk around I will be needing a need door and a new bumper replace. Luckily, the headlight was not damaged. The driver of the truck was my neighbor girlfriend and he was not aware of the accident until I confronted him and then her girlfriend confessed to it. Here is my situation, should I call my insurance to do a hit and run claim or should I just get my neighbor insurance info and do a claim with him at fault? or should I just call it a hit and run make him pay my deductive to get my car fix?

Is kinda messed up since I had just got the car for just 2 months. I hate to get in any kind of accident , don't care if it just a minor or major...it is just a big hassle. On the other hand, when I get my car in the body shop for repair, instead of the oem stock bumper replacement...I will do a unscheduled mod and go with a Mtech front or Umnizat. Only positive thing out of it. I am so pissed off, never would have thought my car would get hit while parked. What makes the situation worst is that I have just received my new set of wheels that I was going to put on the car. Anyhow, I was just posting to vent a little and let you guys know that shit happens. Any suggestions or advice would be truly appreciated. Thanks!!

Yanson

 

Of course get the neighbor's or driver's info! It's their fault, so it's their responsibility. Don't make things up when dealing with insurance....that's fraud. Do what's right.

 

+1 You have a witness and a confession. He or his insurance is the responsible party. If the upgrade is more expensive than OEM repairs then the difference would be your responsibility.

 

+1.

I would call the police. There is nothing like the power of a police report when making a claim. What if your neighbor later denies making the confession?

 

+1. Always get a police report no matter what.

 

+1000

i think your insurance rate will increase if you file the claim with your insurance alone.

 

witness is a +. a confession does you no good unless it was made to somone in a position of authority, HOWEVER, you could take them to small claims court and tell the judge what they said to you. they are under oath in a courtroom. at that point they lie, they will pay you back and risk the following under:

Georgia Code - Crimes and Offenses - Title 16, Section 16-10-70


(a) A person to whom a lawful oath or affirmation has been administered commits the offense of perjury when, in a judicial proceeding, he knowingly and willfully makes a false statement material to the issue or point in question.

(b) A person convicted of the offense of perjury shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than ten years, or both. A person convicted of the offense of perjury that was a cause of another?s being imprisoned shall be sentenced to a term not to exceed the sentence provided for the crime for which the other person was convicted. A person convicted of the offense of perjury that was a cause of another?s being punished by death shall be punished by life imprisonment.

 

Whatever you do regarding the insurance (and you definitely should file a police report and file a claim against the neighbor?s insurance - if you were to file it as a hit and run, since you know who did it, you would be filing a false report), HAVE THE CAR FIXED BY A BMW FACTORY CERTIFIED COLLISION CENTER.

 

Agreed:

1. Always file a police report.
2. Always be honest with your insurance co.
3. Always use a BMW-certified repair facility.
4. Never rely on promises made by the guy/girl who hit your car. Oh, how the stories will change.

 

Unfortunately, the perjury laws are a small deterrent to a witness intent on lying. Witnesses lie all the time under oath. And perjury prosecutions arising from false testimony in a civil case are extremely rare and very difficult to prove. Get the damn police report ASAP.