Car accident victims want restitution after police chase crash
Channel 13 News recently published a story about a couple in Houston, Dr. David Perucca and his fiancee Sherri Witt, who were injured in a collision with a vehicle that was fleeing law enforcement. Apparently the fleeing suspect made a U-turn to avoid a spike strip and crashed into the couple’s BMW Z4, totaling it, and sending them to the emergency room where they’ve accumulated about $15,000 in medical bills (in our experience, that is far from an unusually high amount…it is actually pretty typical).
The main theme of the story though was that Mr. Perucca says he got a less than enthusiastic response from the Harris County District Attorney’s Office when he contacted them about getting restitution from 50-year old Douglas Pittman, the driver of the other vehicle. Sometimes victim restitution is made part of a plea agreement in a criminal case: the criminal is required to pay money compensation to the victim. Dr. Perucca told Channel 13 that the DA’s Office’s response to his request was, essentially, deal with it yourself.
Smith & Hassler has been handling motor vehicle collision cases since 1989 and has handled tens of thousands of auto cases. The best way to protect yourself, your vehicle and your family from injuries or damage caused by an uninsured person is to make sure you have uninsured motorist insurance on your auto policy. Many auto insurance policies contain a coverage exclusion when the vehicle is being used in the commission of a crime, and if a vehicle is stolen and in an accident, there is never coverage because the thief was not a permissive user of the vehicle.
Unfortunately we have to sometimes tells clients: “The other driver did not have valid insurance.” The question that follows is frequently: “Well can’t I go after the other driver to pay my damages?” The answer technically yes, you can sue the other driver, but as a practical matter there is usually no point. That’s because you can’t collect money that a person doesn’t have, and if the other driver doesn’t have the money to pay for car insurance they probably don’t have tens of thousands of dollars to pay your damages.
Certainly nobody would fault Dr. Perucca and his fiancee for wanting the guy who caused their damages to pay them. But the best protection any Houston-area driver can have is to be sure there is uninsured motorist coverage on your auto policy.
Tags: car accident, personal injury attorney Houston, uninsured motorist