Q: My mother was assaulted by someone a few months back. She cursed at a driver who the pulled over and assaulted her
tonight I was walking home and the culprits have reappeared and parked the car in question down the street. Her wrist has been injured since she was shoved and pushed to the ground by the female drive who exclaimed : Who's the b**** now!!! hahah and drove off.
Being a new yorker raised in the projects. I have an idea of how I would love to handle this out of court... because that's how we do things on the streets. But.. my mother deserves better.. Is there perhaps another avenue we can take that would benefit my deserving mother, hold those responsible accountable and perhaps get some money designated from the insurance system to assist these very situations.... ? pls and thx. sorry for the rant
A: Your mother was subjected to a hit and run, sorry. Usually these cannot be pursued because the car and driver cannot be identified. You can file a "late" police report about the hit and run if you now have information about the vehicle and possibly the driver. They are subject to civil liability for your mother's injuries. Be sure she seeks medical attention and keeps records about how she is limited in her activities. This is personal Injury law. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer.
A: Sorry to hear what happened to your mother. The act of pushing your mother was an intentional tort and had nothing to do with the operation of a motor vehicle. As such, insurance will not cover the the event. Best to report the matter to the police and let law them handle it. Your mother could always file a civil suit against her assailant (the statute of limitations for which is only one year). Unless the other woman has assets, however, your mom might recover nothing more than a paper judgment.
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