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?
Personal Injury Lawyer
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 information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
1 found this helpful
12 lawyers agree
Car / Auto Accident Lawyer
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.
10 lawyers agree
Personal Injury Lawyer
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.
13 lawyers agree
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 general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
11 lawyers agree
Personal Injury Lawyer
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.
Car / Auto Accident Lawyer
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 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.
7 lawyers agree
Defective and Dangerous Products Attorney
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 J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"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 Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "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.
5 lawyers agree