Some moron struck me with her truck while staring right at me thru her windshield as I was crossing in a pedestrian lane that spanned the parking lot entrance of a Big K shopping center. She pulled over then fled, but a witness followed her with a cell phone claiming he was going to call in her liscence. I was taken to hospitol for xrays cause it was suspected she broke my right forarm, turns out im fine, just beat the hell up by Detroit's best. Cop visits me in hospitol and tells me "even if your witness calls in her plate number, we cant cite her for hitting you or even fleeing the scene of an accident because she hit you on private property" Lovely. Nice to know that I can spend all day in any private property parking lot, circling around, running people down like dogs, and never get a ticket or any points off my liscense. So, now im home from the hospitol, ive called the police, and my witness never even called in the original accident, let alone the plate of the fleeing woman. Now im stuck with an ambulance transport bill, tramua center admission, multiple xrays, probably well over $5,000.00 all told. Since Big K's private property precludes the police from acting, and even citing this driver for striking me, Have I any hope that a personal injury attourney will pursue Big-K's insurance company for my bills? If it matters, this happened in Las Vegas Nevada, its 10:00pm here and too late to call any local attys until morn, which I plan to do first thing, but any rendering legal types here that can give me a prediction as to what to look forward to? Thanks Logan <-- battered an unhappy about it

Call a lawyer in the morning and ask. You are entitled to 15 minutes free consult.

It seems pretty stupid that the police can't do anything when it was a hit and run!!!!!!!!!!! geez. EDIT: What you said upset me and I forgot to give you my well wishes... sorry :( I'm glad you're not seriously injured, that's the main thing. But really, call a lawyer and get some information. It doesn't seem right to me that the cops can't do anything. Did you get the license plate number from the person who chased her? Her insurance (and hopefully she has some) should cover the hospital bills anyway. The broad needs to be arrested. She could have done serious damage!!!!!!!!!

Message edited on: 02/03/2006 00:21

1. What happens in Vegas, stays in Vegas. (Sorry...)

2. The police are full o' shite. I've heard about people being sued over a shopping cart hitting a parked car (which incurred insurance). What, if someone shoots you on private property, they can't do anything? Numero Uno: contact a lawyer.

A vehicular-pedestrian accident, especially a hit and run, is a police matter. Are L.V. police idiots? Sue and sue some more. I don't know if Big-K can be held responsible, but talk to a lawyer about it. Personally, the police should be treating this as a hit and run offense - which incurs more than a $10 ticket (hint: it's a felony).

Good luck and sorry that you must suffer this grief (both physical and mental).

Message edited on: 02/03/2006 00:37

unless Big-K had signs that were obscured, damaged roads, carts not collected or you/your attorney can prove that Big-K had a responsibility that they neglected, well, sorry your out of luck. btw ambulance is about $800 and ER is another $800. generally. Used to do auto accident medical billing with nationwide companies. I fell off my bike, broke my elbow and ER in california, a scan for broken ribs and spleen, xrays, and a 4 hour lovely view of a ER ceiling was only $800, no insurance. anyway to sue someone you would need to have some proof that they were liable and responsible for your injuries. you have no car, a witness that probably won't show for court, and no aparent injury orther than a large bill. sorry. been there, it bites.

Close to the same thing happened to my boyfriend (This is his account, he left to bed) Someone speeded by, but hit his car Odds are the place has security cameras watching the parking lot If they A) refuse to let police make an arrest while it happened on their property, you can sue them, if they refuse due to it's their land, then it's their land you were hurt on Every excuse/law can work 2 ways, if you're smart enough And B) assuming they did have cameras, refusing to turn them over as evidence (for even police to review) is illegal Although I think a judge might need to say ok :) Regardless if they got view of it, a lawyer has a right to make sure If they had a view, and Big K recorded over them (remember the Time/Date for it) then it's Obstruction of justice (I think is term) I'm pretty sure the above is correct anyways :P

did you get the licence plate number at all? if not, get your lawyer to approach Big-K and see if they have any survailance cameras in the area, and if so, did they record the incident. if you do have the licence plate number, and can therefore identify the car (and therefore owner) that hit you, get your lawyer to contact the police and report the matter. Once you find out this persons name etc, your lawyer will be able to contact this person giving them a chance to pay for your bills, if they dont, you can take em to court. P.S. I've been in a hit and run. and although I did get a better response from the police, this is the basic steps that I went through to get compensation. GLAD to hear your not injured, cars HURT!

P.S. Cameras suck, especially when you don't know about them ^_^

Thanks everyone, Nope I was sitting down trying to stop shaking when she took off. The dude that saw it was the first person I asked to call 911 and he didnt even do THAT. I expected three calls to the cops, The witness calling to report accident, me calling to ask where the hell everyone was, and the witness calling again with plate. Im screwed. Sorta expected it, but the surveilance cam idea is WONDERFUL guys and im gonna see if I have any luck there. Thanks again.

Your in america so there are cameras EVERYWHERE LOL. if you dont have any proof (other than your bludgeoned body!) then survielance tapes is by far your best road to take.

Quote - ambulance is about $800

Geez!!!! You guys are ripped off!!! In Manitoba, Canada, the ambulance costs $250.00. I had to utilize the service twice in 2 days in 2004, thank God I had insurance and they paid for it. But $800.00?!!!! OMG!!!!!!!!!!!!!!

Here in australia it would cost me about $40 (thats around $20 U.S.). Emergency Services Fund rocks. comes on the rates bill at about $80 per year. this includes fire and ambulace which is handy.

logansfury - first let me say I'm sorry and I hope your ok and even tho it's OT I hope you keep us updated on this. I always get a chock when I hear Americans talk about medical treatment prices. I can't imagien the frustration it must cause being sick and at the same time have to be concerned about, if you can afford being sick!

Thank you for the concern. Im hoping that the xray series and all the little extras, IV, blood pressure, whatever the crap those things were they taped on my chest, etc all total to less than I think it will, MachineClaw's response here seems to indicate that it may not total nearly as much as I was worried it would :)

I would have thought it fitted into the catagory of CRIME and if its a crime surely private property is unimportant to the law. Check out the law on such matters relating to private property, or ask the police officer to stand on the private property so you can run him down and then ask him how he feels. Rowland

First let me say that I'm glad you're okay. I'm sitting here shaking my head at this situation. Like you say, it is scarey to think that anybody could drive around a parking lot running over people and nobody can legally do anything about it. Surely there must be something you can do, but if you don't even have the person's name or the witnesses name then it seems you're out of luck (sounds like something that would happen to me). It's a good thing you called the cops and they came to the hospital. I would think this alone would allow you to sue K-Mart if nothing else. The cop probably knows this, but probably isn't allowed to tell you to sue. I hope it all works out for you and please do keep us posted.

"Check out the law on such matters relating to private property, or ask the police officer to stand on the private property so you can run him down and then ask him how he feels." hehehe :) The cop that spoke to me in the hospitol seemed a pretty cool dude actually. He prefaced what he had to tell me with "Youre not going to believe this and youre not going to like it, but unfortunately..." Id have to say at this point I feel much more like running over a judge or poiltician who created this environment that the cops have to work in, effectively hobbled. Heres another awesome lil story for you: I was exiting a nightclub in vegas, when a dude with a personalized liscense plate, impossible to misread from the distance I was at, gets out of the car with a semi-automatic Glock handgun, points it at a waitress, starts screaming murder threats, then points it at me just cause I had exited the main door at that moment and it was happening like 3' away from main door, asks me if I care to be shot (polite of him to ask, I spose). I didnt bother with rhetorical answers but dove and rolled to the nearest position that put one of the engine blocks of a car parked alongside the building in the spaces to either side of the entrance, and started cursing myself for all my own handguns left at home. He screamed for about another 6 seconds while waving the weapon at everyone in the front parking lot or by the doors, including the doorman then drove off. I watched for him to be well down the road, took out the cell phone I owned then but didnt have for this evenings fun, and called Metro Police. Cop shows up takes report and tells me thats it. I ask him WHY they wont go to his home via his DMV records via his custom liscense plate, and the cop actually says, there is an APB out for him now, if we catch him we arrest him, if he makes it home, its over. Makes me sick to my stomach....

Come to the UK & have your accidents next time, it's free to be picked up by ambulance.

Jeez - it sounds like you have no rights at all in the US ???? Well, I'm glad you're still in one piece, more or less... Here is Sweden the whole caboodle wouldn't cost me more than about $35. The rest is covered by our tax system. :] Fish

** Here in australia it would cost me about $40** Where abouts in Australia are you Templar? Here in NSW ambulance is free if you are transported from the scene of an accident/crime or from hospital to hospital.

I would go to the manager of this KMART,explain what happened and what time and ask them to pull the video on it.....bet they could find this creep...then call a lawyer

logansfury, I'm staying away from Las Vegas! ;)

In good ole' (honorable) Philly, a person 'suspected' of having a gun caused the entire SWAT team to descend upon the Welfare building (in an area that I know well). It made the national news several years back.

Wait, whenever I need to do something like run over innocent pedestrians or threaten people with a weapon, I'll go to Vegas. :) P.S.: And I'd make it a point to see P&T afterwards...

Message edited on: 02/03/2006 07:26

Glad to hear you are OK, but have to say this... Cops are useless. My 24 year old son was beat up and robbed by someone he went to high school with. He know the persons name. Called the cops. They would not even come out and take a report. Protect and Serve is written all over their cars. What a joke.

Here in the UK, as far as I'm aware (thank God I've never been run down - yet!), any ambulance/paramedic services are free, also treatment at point of reception (ie - A & E, follow up treatments) in hospitals. That said, we do pay national insurances out of taxes and/or welfare benefits.

Most states have a Crime Victims Fund that you can get assistance with medical bills. Ask either the police dept or call social services.

As already stated above - GET A LAWYER - before you do anything. Everyone here is trying to be helpful, but the only legal advise to safely follow is the one from the attorney you hire (or is provided pro bono, if you qualify). Hope this all works out well for you. To those not in the U.S.: It all balances out doesn't it? You either pay for it up front or pay for it through heavy taxes. In general (very general) the cost of living is less here also.

Here in Edmonton (Alberta, Canada), a ambulance bill can cost up to $450.00. (Yup, been their. Told em, should have left me there. I can not afford this) Car accident on the way home from my job 4 in the morning. Hit and run also, well a police chase on a stolen car...and the car I worked on for so many years. "Mustang", totalled. Woke up in hospital, lost, confused. So, if your broke (Like I am always), I would prefer some one to call me a cab (prob will be on hold) instead of an ambulance. Cabs are quicker to respond to calls than emergency, I say. I got victims pay, insurance from all that with the help of family and also the police.

Message edited on: 02/03/2006 09:40

Dang!!! Well glad to hear you're ok Logan!!! Take care!! Gerard

Call a lawyer. Layman legal advice, which you'll get in a forum like this, is often wrong.

Are you SURE it was real cops you were talking to? Maybe Reno 911 was filming in the area. ;-) Glad you are all right. Never take any one person's advice on such things. Often even people who SHOULD know the law (like police officers) may be ignorant of it or just mistaken. Hmmm... So in Vegas, you can run someone down on private property, and brandish guns and threats at any and all bystanders with impunity, as long as you make it back to your ranch before the sheriff catches up with you? Check your local laws - it may be also be legal to round up a posse, track 'em down and hang 'em high!

Yeah .. I have been hit by cars a number of times. Most times they take off and leave me with bills. It sucks for sure but I have had little luck with getting money from them.

My Son got hit by a Truck in Boston. It might help that he had 2 older people stay right with him. This guy hit my son and he flew in the air, then he hit him a second time as he was coming down. Make a long story short, my husband is retired asst. Attorney General for the State of MI. handled it. The guy in the trucks insurance's had to pay all hospital bills,plus $10.000 for my sons missing work and mental anguish. It's Big K's parking lot, so they are responable for the hospital bill. Fight it.

Great news, now I am able to kill my enemies in any shopping center, after all, it's a private property and police can't touch me.

I believe you can sue her for The hospital bills...This might be for small claims court..Check with a lawyer.. Now what does this have to do with POSER!!!...LOL I'm glad your alright:)

Of course you should get a lawayer, but get the sleaziest laywer you can find. If he's sleazy enough, he should sue everyone in sight: BK, the police, the paramedics, the hosptial, the witness (for failing to report a crime), etc. One of the defendants should give you money just to settle the case... if not you (and your lawyer) threaten to make a big stink in the media about how BK was negligent, about how the police didn't do anything, and how the "witness" didn't call the police. Just be sure he takes the case "on contigent": he only gets money if you win the case or get money from the defendants. --John

Final official answer from 2 different personal injury lawyers (for anyone in vegas, it was Glen Lehner (Mr. Heavy Hitter) and Jan Paul Koch (Mr 27% fee)): Im screwed. Because my witness couldnt be bothered to do his civic duty and report the liscense plate, the driver that plowed into me is off scott free. Neither lawyer says we can sue Big K, Big K security manager says thier security cameras are in no way sensitive enough to pick out liscense plates, so in the lawyers eyes, there is no one identifiable to sue. They went so far as to say even if I had the plate id still need witness info as well. Guys its official, if you ever need to exact horrific revenge on anyone in the USA, take em shopping first. Get em on private property and the World is your Oyster. Thanks everyone for the concern and kind words, only thing for me to do at this point is assume the "half-full glass" attitude and be grateful ive still 4 fully funtioning limbs to operate Poser with. I coulda had my personal IK disabled in a way that Michael has never experienced, after all :) Evidently I now get to finally see what all the hubbub about Lortabs is, they gave me a prescription with a huge blantant "Controlled Substance - Only fill once" stamp on it. Sounds reasonably intriguing.

Lortabs a.k.a. vicodin (hydrocodone) is an highly addictive narcotic substance associated with a great deal of crime in the eastern U.S. IIRC. I hope you will get some just compensation, but many of the comments you read in this thread should be ignored, for your own well-being. I hope you got the cop's badge number, as his comment was just as irresponsible as many of the above statements IMVHO.

Glad to hear you're OK. Weird story. The law does not apply to things that happen on private property? A guy could refine cocaine and not be arrested, as long as he does it in his own house? Weird. To me it doesn't feel like Big K is responsible, that driver is. She should be found, she (or her insurance) should pay your hospital bills and damages, her driving licence should be revoked. At least. That's just me, a layman. Getting a lawyer is the best thing you can do.

...it can be pretty depressing when you first stumble into what our attorney told me ten years ago: "What's fair has nothing to do with what's legal".

Drat, my post took too long to make it to the 'rosity servers. It makes no sense anymore. I'm sorry to hear this. And more than a little angry. If there's such a thing like a Crime Victim Funds in your state, you might have some luck turning to them. Wish you the best!

The officer left me with his name, badge number and incident number of the report as SOP and I never had to request it, offered his apologies and well wishes and seemed very sincere. Neither lawyer batted an eyelash when I repeated what I was told by the officer but I cant say now if thats cause what he said was completely factual and hearing it didnt suprise them, or because it had no bearing on a PI lawsuit. After the nightclub incident, seeing firsthand that the police refused to do the simple expedient of sitting down at the patrolcar computer, punching a liscense plate into DMV records, pulling up an address, and GOING there to see if the auto returned with a gun toting maniac in it for say 30-45mins at least, then if activity around the city made it necesary to get that cop or pair of cops and patrolcar back on the streets, start the warrant process and get a dectective or whatever at that address at bankers hours the next day and look for the car, someone fitting driver description, and then the gun if the first two are found and it can be reasonably assumed the addy returned by DMV records is valid (not an old addy, not a PO box, etc) It seems to me that it takes a criminal going so far as wounding or killing another person before any determined search is made by the authorites. At least in this city which has a population of well over a million (we may be pushing or have just exceeded 2 mil at this point). Maybe the parallel here is I wasnt busted up enough by the truck for it to be taken seriously?

cough cameras not good enough? personally, i'd try to get ahold of them everyday, security cameras are on TV, and show details fine having a junk camera that can't see a face or plate, is dumb they may as well just not have the camera they saying the cameras aren't good enough, might even be them refusing to get involved, should still get a lawyer to look at them to make sure, if they refuse to show, then they can be taken to court, its evidence, your lawyer has a right to see them, to make sure if they let you view them in the office at Big K, even that works :)

Why not take out an ad in the local newspaper stating the time, date etc of the accident and ask witnesses of the crime to contact you? That's how witnesses are found here for accidents. I can't believe that person drove off after the drive and didn't call in the license number... unless they lost the person.... but even then they should have notified police of the colour and type of car. However, it sounds like the person just didn't want to get involved and only said that they would help. Karma!!! It will get them both back in the end and it won't be pretty when it does.

I had a friend that got his license plate stolen. The plate wound up on some car miles away, that was parked illegally. He reported the lost license, and all particulars. In spite of FAXing, letters, calls and all kinds of info he sent, they still couldn't get it straight. The end results was that he didn't get a ticket for the missing plate on the other vehicle,(they didn't even check to see if the license matched the car it was on) because he reported the one stolen plate. However, with no check of the stolen plate's registration of the license number, against the illegally parked vehicle, he still got a ticket to pay $50 for the parking fine. When he called to complain, they said he could go to court to contest it, but court costs were $70! Our stellar legal system at work!

Regarding the private property issue: In australia, we also have strange laws dealing vehicular accidents/crimes on private property. Drug Makers etc aren't protected as it's only to do with vehicles. Regarding the firearms issue: I recall that waving a gun around and threatening people is considered a misdemenor here, while say, stealing a packet of biscuits is a felony. However if you discharge the weapon while making threats, that's a felony. Yep, Law and Justice are two different things. Glad you're okay!

I just had a bangup idea!!!! Call the media! The newspapers the television stations and tell them your story. I bet they will run it and it will probably generate some results.

Also, chances are she has car damage and will go to get it repaired. Call all the places there that do autobody work, including the insurance agencies, and let them know that a car of and model hit you and drove off and you are trying to find the person.

Someone somewhere knows something....and I'll bet she was so upset about it that she probably told a person or two.

Message edited on: 02/03/2006 16:54

this damn idiot was walking in front of me! god when will people not be so retarded and not walk in front of me while i drive! watch where you walk idiot! (nothing bad intented, just as a reply to above post) if they ran off, they could just be jerks :x not really upset

Here in australia it would cost me about $40 (thats around $20 U.S.). Emergency Services Fund rocks. comes on the rates bill at about $80 per year. Treatment at public Hospitals is free as well but then it will be billed to the Transport Accident Commission, we are required by Law to carry 3rd Party Injury Insurance - comes with the Registration bill.

"To me it doesn't feel like Big K is responsible, that driver is."

It's not. It sucks that it happened and there isn't a witness but only the driver is responsible. As a business owner I know I would be pissed if someone tried to sue me in a similar fashion. (Even if Insurance coveres it they cancel you and it costs twice as much to get re-insured) Lawsuits that target the property owners simply for their pockets and not for resposibilities only add the property owner to the list of victims.

I agree with Acadia, put an ad in the paper and see if someone will come forward. And then get a second opinion about hit and run, or any crime, on private property because that doesn't make sense. Can a person rob you in a parking lot? Or commit murder and get away with it? In Vegas, that only leaves the desert or the streets that the police can do anything about.

Sounds like a policeman trying to get out of filing a report and proper paperwork. Get his badgenumber, name, precinct and captain's name & number. You also have to remember, the policeman may not be able to do anything in CRIMINAL court due to it being on private property (which I don't buy. It is still negligence at best and assault at worse if purposeful whether it happened on prviate property or not, otherwise, I could commit murder and as long as it was on private property, I am safe....right?.....hmmmm.... I have a few people to call and invite over.....) But at MINIMUM, you should still be able to SUE the woman in CIVIL court, which is different. Insist the policeman file a police report because that will be helpful later and make sure to copy all the important information. Unfortunately, I would have to agree with Kendra that Big K is not respondible unless you can prove that the crosswalk itself is, by poor design or negligence, apt to have people run over in it. If it is not reasonably designed or there is a clear demarcation where the crosswalk is and a sign posted, you will likely have a case against them. Speak with the lawyer about it but be warned you should be after the woman first for her negligence. Her insurance company will probably want to settle out of court for the damages and hope you don't sue for mental anguish or lost wages. Hope this helps. I am not a lawyer, just have a family with several of the crafty bastards in it. smile