[extremehikers]

My fiance was invovled in a accident in California on a city street in my car. A truck driver came into my lane and side swipped my car from rear to front on the drivers side. The truckdriver did not have insurance in his vehicle which was in violation of the Vehicle Code. The truck driver was also made comments about my fiances race prior to my arrival and tried to lie about his insurance. My fiance called me and I went to the accident scence with a friend where then we agreed with the Truckdriver to go to his house to get the insurance information. 911 was called by my fiance but the police was not sent to a non-injury accident. All of us (myself, friend who drove me and my fiance) went to this truckdrivers home to get insurance and during the exchange of insurance information he used both hands and pushed me back very hard in the front shoulder area. My friend who drove me to the accident site and also went me to the truckdrivers residence witnessed the events. The truck driver made racial remarks, gesture to fight and made verbal threats. 911 was called by my fiance. 911 did not dispatch the police because the man cooperated after that and gave the insurance information.
I was advise by a relative to file a police report after the incident but declined feeling insurance was going to work things out.

A few days later I filed a claim with his insurance, The truck driver then filed a claim with my insurance alleging it was our fault for the accident. I then went to the police department to file a battery complaint and incident report. The police are investingating this matter as a hate crime and will possible charge him with 2 misdemeanors and felonies.

I have been in contact with the truckdrivers insurance, obtained a copy of the truckdrivers motor vehicle driving record and also got quotes for the repair of my vehicle. This truckdriver has a long history with the DMV as a negligent operator.


My questions:

Am I as a victim have the right to ask the police or district attorney to charge him with certain sections of the california penal code and/or vehicle code?

Is this person's car insurance, home owners insurance either or both liable for the assualt & battery commited against me arising from this incident?

How much money of a civil demand should I make for battery, hatecrime?

[aaron]

Am I as a victim have the right to ask the police or district attorney to charge him with certain sections of the california penal code and/or vehicle code?

The prosecutor will decide whether to charge him, and what offense(s) to charge.

Is this person's car insurance, home owners insurance either or both liable for the assualt & battery commited against me arising from this incident?

When you showed up at his house, it was an entirely separate incident from the car accident and has nothing to do with his car insurance. Either way, you are alleging intentional, criminal misconduct, and insurance policies typically exclude injuries from intentional or criminal acts.

How much money of a civil demand should I make for battery, hatecrime?

How much money should you demand that he pay you? If you seriously want him prosecuted, you should consider holding off on making monetary demands until the prosecution ends. You can ask for whatever you want; I doubt that he'll voluntarily pay you a cent.

[cdwjava]

My fiance was invovled in a accident in California on a city street in my car. A truck driver came into my lane and side swipped my car from rear to front on the drivers side.

Wait ... your fiance got into an accident in your car yet you say a truck cmae into YOUR lane?

Who was driving? Were you there?

The truckdriver did not have insurance in his vehicle which was in violation of the Vehicle Code.

Irrelevent to fault. And a violation of CVC 16028(c) - an infraction.

The truck driver was also made comments about my fiances race prior to my arrival and tried to lie about his insurance.

Crude, but not criminal.

My fiance called me and I went to the accident scence with a friend where then we agreed with the Truckdriver to go to his house to get the insurance information. 911 was called by my fiance but the police was not sent to a non-injury accident.

Someone should have told the cops that one of the parties did not have insurance - this mioght have made them send an officer. However, there is no requirement that the police in CA take collision reports for non-injury collisions.

All of us (myself, friend who drove me and my fiance) went to this truckdrivers home to get insurance and during the exchange of insurance information he used both hands and pushed me back very hard in the front shoulder area.

And why did he do that? More importantly, what do you think he will tell a court?

The truck driver made racial remarks, gesture to fight and made verbal threats.

What is a "gesture to fight"? That and the verbal threats are not necessarily criminal.

A few days later I filed a claim with his insurance, The truck driver then filed a claim with my insurance alleging it was our fault for the accident. I then went to the police department to file a battery complaint and incident report. The police are investingating this matter as a hate crime and will possible charge him with 2 misdemeanors and felonies.

Felonies?!? Very, very doubtful. I see perhaps two misdemeanors here - challenging to fight (PC 415) and battery (PC 242).

For this to be a hate crime a court would have to find that the person assaulted you BECAUSE of: Disability, Gender, Nationality, Race or ethnicity, Religion, Sexual orientation, Association with a person or group with one or more of these actual or perceived characteristics. If he successfully argues that he just thought you were an idiot, then there is no hate crime. Any epithets he provided might go to show a racial bias, but they do not - by themself - prove a hate crime. And, in any event, these, too, are misdemeanors.

I have been in contact with the truckdrivers insurance, obtained a copy of the truckdrivers motor vehicle driving record and also got quotes for the repair of my vehicle. This truckdriver has a long history with the DMV as a negligent operator.

Good for your civil case in the matter of the collision.

Shouldn't you have given this to YOUR insurance company to handle?

Am I as a victim have the right to ask the police or district attorney to charge him with certain sections of the california penal code and/or vehicle code?

You can make a report to the police, and the District Attorney will decide if there is sufficient grounds to prosecute for any crimes. You do not have a say in the matter. You can certainly call the DA and express your desire for prosecution, but the DA has to have a case he can make. And in a case of two people getting hot under the collar and arguing, the case is not likely to be too strong.

Is this person's car insurance, home owners insurance either or both liable for the assualt & battery commited against me arising from this incident?

Doubtful. Were you injured? Put out of work? Suffered any financial loss unrelated to the damage to your vehicle? If not, then what are your damages?

How much money of a civil demand should I make for battery, hatecrime?

Without damages? You might as well ask for a million ... but be sure you have enough in the bank to pay for your attorney because your chances of collecting are pretty slim.

Unless he loses a criminal case, your chances of even getting a civil action to court are slim to none. And how much money do you think a push is going to get you? My guess is that your attorney will cost far more than anything you might get from a truck driver.

- Carl