How to handle a hit and run

[DiamondWash]

Earlier this month a Semi tried to back in to my 10ft S.S. bay only to hit the building and then proceed to use his credit card to wash the backend of his trailer off, I have all of the info from the transaction her name, credit card number, video of the whole thing but no plate numbers, Visa is no help being that they will not give out customer info and I was told by one person to charge her credit card $100.00 and have them call you back. Yeah right I go to jail for Credit Card Fraud and black mail I don't think so! The Police said they are very limited to what they can do being that they cannot even just go look up somebody's credit card info so what now?

 

[pitzerwm]

I think that I would charge his card for the total damage. If he protest it, inform him that you will push for criminal hit & run unattended, which will go against his driving record. You have the proof, you are entitled to compensation, just be able to justify the repair cost. Do it now, if you are going to do it. It would not be fraud, as you entitled to compensation and you are trying to save him added problems with his employer etc. I once had a Greyhound bus sideswipe my building while I was there and she just kept going. I chased her down and she paid it out of her own pocket.

 

[Sequoia]

You might regret charging a person's credit card without their permission. And, all they have to do is contact the CC company and demand that the charge be reversed. The cc company, by law, must reverse the charge while they look into it.

And when they do look into it they will learn you put a charge on a card without the cardholder' consent. That probably violates your merchant agreement as well.

 

[Dubois Laundry/Carwash]

when she swiped her card through the card reader, didn't she consent to pay the costs she incurred during this visit? Was it somehow limited only to water, soap, etc?

 

[DiamondWash]

We are going to charge the card the amount the estimate costs us and if she complains we will have to explain to her we can do it this way or we can drag it out in court which includes: (Time off the road to deal with this "being she is a trucker", legal costs, hiring a lawyer if needed, insurance companies involvment, possible jail time "I am not a judge so that I cannot truefully say that") or here is the amount for damages now pay it and move on with life and keep truckin.

 

[Sequoia]

Please update us here if your approach is successful. I hope you are ....

 

[ibspuds]

Thats exactly what I would do...

 

[Ben's Car Wash]

We are going to charge the card the amount the estimate costs us and if she complains we will have to explain to her we can do it this way or we can drag it out in court which includes: (Time off the road to deal with this "being she is a trucker", legal costs, hiring a lawyer if needed, insurance companies involvment, possible jail time "I am not a judge so that I cannot truefully say that") or here is the amount for damages now pay it and move on with life and keep truckin.

Diamond,

You will be in VIOLATION OF YOUR MERCHANT CONTRACT! Your Merchant agreement is to charge for service rendered as a car wash ONLY..... not as a REPAIR SHOP OR TO RECOVER DAMAGES AS A RESULT OF A CIVIL DISPUTE! The card holder can come after you for theft of service and if that amount is over $300 on a card it is a FELONY!

I would STONGLY SUGGEST YOU NOT DO THIS!

Most Credit card systems report card holder names on the merchant reporting sheets along with the first 6 digits or last 4 digits of the card. Depending how you look at the report you can view all ten or more digits. Usually you can view the card holders names on the reports. If not.... let it go. You will lose. Just because it's wrong doesn't mean that she doesn't have the law on her side at this time.

Do not charge her card. While I am not a lawyer (nor do I play one on TV) I had a simular event happen. I owned an Assisted Living Facility (like a Nursing Home) and a resident's care giver was behind on payments. He wanted to pay me with a credit card so I ran it through my merchart service account at the car wash for over $3000. I got a call from the merchant service company saying that I violated the merchant service agreement... I was only to accept payment as a car wash... not for other services.... and that violating the merchant service agreement could suspend my changing aceptance (susppend or cancel). Futher more, to charge a card without permission is theft and if that amount is over your States mandated Felony amounts (Florida is $300) you can be arrested and charged with a 3rd degree felony.

 

[Ben's Car Wash]

I'd also call you attorney before you chage her card.... then find another Attorney because he will not be able to represent you as you just told him that you were going to commit a crime!

 

[Sequoia]

You are also presuming, without any evidence, that the driver was using her own credit card instead of that of a friend or family member. It will get even more interesting for you, on top of the lack of cardholder consent issue, if the card wasn't even hers.

Again, I hope it turns out well for you. But it's an approach with a risk that I wouldn't take.

 

[DiamondWash]

O.K I hear alot of good advice here, so how do I go about locating this person to speak with them??? Visa "Cannot" and "Will Not" release any customer info and the Police Department says the same thing about credit card customer confidentiality even when I showed them the video, the credit card report with all of this persons info, c.c number, etc so what do I do??? Can lawyers get the info I am looking for or do I just repair the damages myself out of pocket close to $1000 in damages.

 

[MEP001]

You could bill an amount under $300 and hope that the offender contacts you - at least that way you won't be committing a felony.

 

[Ben's Car Wash]

I'm not saying that Diamond's State limit is $300 for a Felony! It could be less. And it could still violate his merchant contract. And legal recourse could still fall in the customers favors as video evidence is not alway proof that they commited that damage or that amount of danage, or existing danage wasn't there (see were I'm going with this).

My only suggestion is to:

1. hound the police to continue to invistagate the incident
2. Hire a private invistigator or third party to (I never said this) track the CC#.
3. Chaulk it up as a loss as part of business an move on shortly. If your insurance deducable is too high, fix what you can affordably and saflely. Then forget about it, it's not worth the long term loss of sleep over a$$holes (theres too many more of them then YOU so your out numbered anyway)!

 

[Sequoia]

If the name on the credit card is not very common you could try www.zabasearch.com I use that site to find the addresses of my trash dumpers. It doesn't always work, but frequently does.

 

[JJJakubowski]

Okay, the horses are out of this barn, but allow me to toss in a 2 word suggestion:

"tag cam"

JJJ/SSCWN
__________________________
The poster formerly known

 

[DiamondWash]

Thank you Sequoia I used that link for Zabasearch and it came up the same person even the middle name was the same not trying to jump the gun but this is the best lead I have come to date I hope this is the person, whats interesting about that site is that I'm suppose to be unlisted in the phone book, anywho, 411, Dexknows, etc and for s*its and giggles I typed my name in and all be damned there is my name, address and number that's soon to be changed.

 

[ibspuds]

I would still charge the card for the amount of damages. More than likely when the card holder contacts the creditcard company they will refer the customer back to the retailer to correct the situation. When she contacts you there's your chance to meet with her and make your "charging error" correction and at the same time confront her with the video. Wham Bam Thank You Maam!!!!!

 

[Randy]

Diamond wash, Keep us posted on the out come of this situation. How much damage are you looking at? You should take a serious look at your camera system if you can?t get plate number. Did you have to get shot of the side of the truck? It?s easier to trace the ownership of a truck by the USDOT number that?s on the side of the truck.

You?d be surprised at how much information is available to trace someone down. A lot of it is free but if you are willing to pay for it it?s available.

 

[Ben's Car Wash]

I would still charge the card for the amount of damages. More than likely when the card holder contacts the creditcard company they will refer the customer back to the retailer to correct the situation. When she contacts you there's your chance to meet with her and make your "charging error" correction and at the same time confront her with the video. Wham Bam Thank You Maam!!!!!

I'm amazed at how quickly some people are willing to BREAK THE LAW and justify it! You are not justified to charge the card....it would be a CRIME.

 

[pitzerwm]

Doug, BS, when they used their card, they opened themselves up for all expenses. With the video there isn't a judge on the planet that is going to do more than slap his wrist. It is a hit & run, unattended. They are liable. As long as the damage repairs are legit, nothing is going to happen to Diamond.