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Can I sue someone for crashing my car?

Los Angeles, CA |

My "friend" was driving me home and she got into an accident with someone else. He says it's her fault and she refuses to give her statement to any of the insurance companies. Therefore I am stuck paying for my car since without her statement my insurance company wont put her at fault. Can I sue her for all the damages because it's her fault (since she isn't giving her statement) that I have to pay for my own car now.

Right before the accident occurred I was dozing off only to be awaken by the accident itself. Now here is my MAIN ISSUE my insurance company refuses to decide liability without her statement. Even though the other driver says it's her fault and his story adds up completely. So is it not her fault that I have to pay for my car now? If she had given her statement the insurance company would be able to decide liability therefore the only reason why I am not getting any payment is because she refuses to give a statement. Is that or is that not grounds for me to sue her?

Attorney Answers 5


  1. If she caused the collision, then your can sue her for the damage which she caused to your vehicle.

    Marc Lazarus
    www.russellandlazarus.com

    This answer to this questions is for general purposes only and does not establish an attorney-client relationship. You should contact an attorney right away to further examine the issues in your case.


  2. I am not sure why your own insurance company will not pay for the damages to your car. You should talk to an attorney about this. You were in the car and should be able to tell your isnurance company what happened. I have delt with similar situations and a attorney letter to your insurance company should help unless there are facts I am not aware of.


  3. Turn the claim to your own insurance company. If they do not handle it. Retain a lawyer to file a lawsuit and let him advice you what to do. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.