Can I sue for an accident that happened 11 months ago? Am I entitled to reimbusrement of losses?
On 10/31/2008 I was side swiped by a giant delivery truck while driving my boyfriends Volvo, I'm not on his policy but I do have insurance. The accident was clearly not my fault, however the truck company claimed no responsibility, and never paid us for the totaled car.
Details: The Volvo was a gift to my boyfriend by a well known director. Thus, the car was not in his name and he did not have insurance other than permission from owner to drive Volvo. As a result of this accident, we couldn't afford to get the car fixed and after a dozen parking tickets it was finally towed by the city. Today, my boyfriend is out a car, and in jeopardy of having his licence revoked. Today in my law class at UCLA, I mentioned this case to my professor who said the truck co. should pay out in the millions
Attorney answers (3)
Steven Alan Fink
Reputation Level 20
Answered over 2 years ago.
Real Estate Attorney in Newport Beach, CA.
It doesn't sound like millions, but certainly the repair costs for the car. You have time to sue, but the more time that goes by the harder it will be to prove your case. The sooner you sue, the sooner you can recover your damages. If repair costs are less than $7500 you can sue in small claims.
You can also report the accident to your insurance, have them pay for the repairs, and let them go after the truck company.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
1 person marked this answer as good
Brian Richard Dinday
Reputation Level 16
Answered over 2 years ago.
Criminal Defense Attorney in San Rafael, CA.
As I see it, neither you nor your boyfriend have legal standing to sue for the damage to the car, because neither of you owns it. The gift giver can remedy this by signing over the pink slip now so he can sue, or he can give you a power of attorney to sue in his name to get it repaired. I am baffled by the "millions" comment. Is this Volvo somehow a great collector's item because of who owned it?
1 person marked this answer as good
Kevin Paul Smith
Reputation Level 14
Answered over 2 years ago.
Car / Auto Accident Lawyer in Los Angeles, CA.
This is why attorneys practicing in the state where the incident occurred should be answering questions. The Statute of Limitations in California for this type of claim (negligenc/personal injury) is two years. The only damages you talk about are damages to the vehicle, which by all accounts did not legally belong to you or your boyfriend. So unless you suffered catastrophic personal injuries, i.e. paralyzed, brain damage, etc. you are unlikely to collect millions, let alone hundreds, or even 10's of thousands of dollars.
You should however consult an attorney so they can evaluate your case more closely, especially if you were injured and/or you feel you are entitled to be reimbursed for the damage to the vehicle.
1 person marked this answer as good
Other answers (1)
Danny Thomas
Answered by a user, over 2 years ago.
I believe that the statute of limitation for this is one year. Obviously if you can show that the truck driver was at fault, i.e., he failed to maintain his lane, failed to yield, etc., you can establish a claim for negligence, and recover for the cost of the damaged auto.
Then you can establish a second claim, to recover for the towing fee, parking tickets, cost of rental car, loss of employment, etc., by establishing a "but for" cause of action. "But for" his negligence, the vehicle would not have been towed, etc.
But you should hire an attorney very soon, before the statute of limitations expires your claim.
1 person marked this answer as good
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