Car accident at private property in California

Asked over 1 year ago - Los Angeles, CA

Today someone hit my car while it was parked. The man that hit my car backed out and hit the car bumper. He tried to leave except I saw the whole thing happened and once I told him he just hit my car he proceeded to park on a handicap parking space. I asked him for his insurance information but he said the car he was driving was uninsured. I then called the police in order for them to make a report but I was told because it happened on a private property I will have to pay out of my pocket using my insurance to fix my car. I did tell the officer that I have the license plate number and pictures of the vehicle that hit me but he insisted he couldn't do anything to help me. Can the man that hit my car be accountable for the damage to my car? If so what is the best way for me to move forward?

Attorney answers (8)

  1. Adrienne Patricia Allen

    Contributor Level 15

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    Answered . Yes he is responsible for your damages. You can turn this over to your insurance carrir since he has no insurace. If you have UMPD (uninsured motorist property damage) coverage they wll pay for your damage and then seek subrogation (including your deductible) from the at fault party. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  2. Malosack Berjis

    Contributor Level 20

    13

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    Answered . Of course he can be held accountable for the damage to your car. (I don't understand what this police officer was thinking when he told you that he wouldn't be accountable because it took place on private property.) As for the best way for you to move forward, consult with an attorney, and they should guide you from there.

  3. Michael Raymond Daymude

    Pro

    Contributor Level 20

    11

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    Answered . The local PD will not respond to non-injury accidents on private property. If the damage to your vehicle exceeds your deductible you should promptly report the matter to your carrier. If it does not your best option is to file a complaint in small claims court to recover your damages. I think you will find it very difficult to retain an attorney in this case. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  4. Richard Andrew Harting

    Pro

    Contributor Level 18

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    Answered . Yes turn the matter and all your info over to your insurance they will handle. You may be out your deductible for which you can sue the man in small claims. If you do and win there is a filing you can make with the dmv along with the judgment. His license will be non-renewed until he pays. You should also promptly file an SR-1 report of accident form withe dmv. they will contact the other driver to provide them with his insurance . if does not they will suspend his license. If does have insurance you can request the DMV for information. But must file the SR-1 first.

  5. George Costas Andriotis

    Pro

    Contributor Level 20

    10

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    Answered . Yes he is absolutely accountable regardless if this is private property or not. Consult an attorney ASAP to investigate coverage.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

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    Answered . Small claims and file SR-1 with DMV. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  7. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    7

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    Answered . The other driver is definitely liable for your damages. However, the lack of emotional and physical damages will make it prohibitive for an attorney to become involved. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  8. Paul J Molinaro

    Pro

    Contributor Level 17

    5

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    Answered . Whether someone's legally parked car is smashed into on a public road or private should have no bearing on whether the smasher is liable... Heck, if anything, it may allow the owner of the property to be roped into a lawsuit. And, of course, police officers should not be relied upon for legal advice regarding civil law and insurance matters. One's own auto insurance carrier would be the first place to start the process for recovery should his or her car be hit while parked (and provided there were no injuries to any person).

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
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    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more

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