I was involved in a hit and run accident w/a semi truck on Friday 6/4 on the freeway during rush hour traffic going about 10-15mph. The driver rear end me hitting my car multiple times and the last time I got hit I was literally standing on my brakes and the truck was pushing my car (an Acura Integra) and I could hear my brakes screeching and smelt burning rubber. At that point I was afraid for my life not knowing why this person was continuously hitting my car. I got the truck drivers plates and the police found him later that day at his job site and he stated he didn’t know he hit me. The police informed me he would not be charged w/hit and run unless I can prove that he had knowledge of him hitting me. I went to the doctor on Monday because of lower back pain and he sent me to physical therapy. When I called the other guy’s insurance company to make a claim, they set me up with an adjuster who said she would call me back the next day. I didn’t hear anything from her for 3 days so I called back and was told I had a new adjuster, so I called him and got his voice mail which stated he wouldn’t be back in his office until the next week. I called back the next week and after leaving many messages, I finally spoke to him and he stated that based on my statement, the insurance company would pay for all my auto and medical bills, and he would call me the next day after he spoke to his insurer and let me know the plan. I sent him an estimate and photos of my car. Then about a week later he left a message on my voice mail and emailed me stating:

Thanks for sending the photos over. Essentially our issue now is that our driver refuses to drop his story about you cutting him off and I cannot disregard what he is telling me. I want to avoid any hang ups on this file and don’t want you to feel like I am disregarding your story either. I know you said that you had aggravated your back and that was a part of your claim here. In an attempt to compromise this dispute, I want to take a shot at an offer I hope you could take. If I offered a percentage of your damages that reflected the disputed facts between the two parties (as in I pay 50% of your property and 50% of your injury claim), I don’t think you’d find it agreeable. Accordingly, I’d like to suggest that I pay 100% of your repairs as well as for a rental while it is in the shop in exchange for your full release of all claims. My compromise is paying for all of your damage despite the insured being upset and feeling like I am going against them and your compromise would be to forego an injury claim. Please advise if this is an acceptable option. Also, if you have the police report, send it over.

The police report clearly states that he is 100% at fault, so I have a few questions:
1.Now that I have proof that the driver did have knowledge of hitting me, how can I get him charged w/hit and run?
2.The estimate for my cars visual damage was $850 and I have spoken to two attorneys who said that they can’t represent, but that I should take it to a small claims court, so what do I need to do if I take him to small claims?
3.Because of the pain in my lower back, I can’t stand for more than 10 minutes, and I can’t walk very far nor for long periods of time, so can I get pain and suffering?

Tags: Accident, California, Claims, having, Insurance, Problems, small