My car was totaled while it was parked. The PD report proves the other party's claim of hit & run, false. Who is responsible?

Asked almost 2 years ago - Anaheim, CA

My car was parked out front of my home. Some lady slammed into the back of my car, deeming it a total loss. She insisted that a "lifted red truck" side swiped her, and caused her to hit me. In the police report, it says they found white paint on her car. Which I believe proves her wrong.
Geico (her insurance) has since decided in her favor, and now I'm stuck with $9,000 in debt. I did not have insurance at the time. I went without a car for about 2 months, because of her.
What do I do now? Should I keep pursuing Geico, or do I pursue the lady responsible for the damage? Geico notified me of a SOL for pursuing any kind of reimbursement. What does that mean?

Attorney answers (8)

  1. Daniel Nelson Deasy

    Contributor Level 20

    14

    Lawyers agree

    1

    Answered . Hire a civil litigation attorney.

    Sue the woman that damaged your car.

    Good luck!!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  2. Guy Irvin Wade III

    Contributor Level 14

    14

    Lawyers agree

    1

    Answered . SOL means statute of limitations and is the time within which you must file a lawsuit to preserve your rights or else your potential claim is barred. You really need to find an attorney near you to help you with this. Use the attorney search feature here on AVVO to find a number of people to choose from and then call one or two and see if you can get a free consultation. Good luck.

    I am not your lawyer and an answer on AVVO is not intended as legal advice but is provided for general... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . Retain a local insurance lawyer.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  4. Scott J. Corwin

    Pro

    Contributor Level 18

    12

    Lawyers agree

    Answered . I agree with the responding attorneys. You need to hire local counsel to advocate for your best interests.

  5. Kevin Coluccio

    Contributor Level 20

    12

    Lawyers agree

    Answered . I would contact an attorney in your community to review the matter.

  6. Manuel Alzamora Juarez

    Contributor Level 20

    6

    Lawyers agree

    2

    Best Answer
    chosen by asker

    Answered . THE STATUTE OF LIMITATIONS IN CALIFORNIA IS 3 YEARS FOR PERSONAL PROPERTY. IT IS 2 YEARS FOR PERSONAL INJURIES. GEICO WILL NOT GIVE YOU A DIME IF YOU DO NOT SUE THEM. SINCE YOUR CLAIM IS FOR PERSONAL PROPERTY, THIS IS WHAT YOU NEED TO DO: GET AN ESTIMATE OF REP[AIRS BY A REPUTABLE MECHANIC, TAKE PICTURES OF YOUR CAR, GET IT OUT OF THE LOT AND TOW IT TO YOUR HOUSE, DO IT QUICK OR YOU ARE GOING TO GET STUCK PAYING $170 BUCKS PER DAY IN STORAGE FEES. CALL A LOCAL LAWYER AND SUE THE OWNER OF THE CAR THAT HIT YOU. BEST OF LUCK.

    This answer is provided by Manuel A. Juarez, Esq., aka El Abogado de Accidentes de California: 510-206-4492. It... more
  7. A Melissa Johnson

    Contributor Level 15

    6

    Lawyers agree

    Answered . The statute of limitations is a time within which you MUST initiate litigation against the other side, otherwise your claim will no longer be valid. You would proceed against the person who hit you and the owner of the other car. You would be best served by retaining an attorney for assistance.

  8. Michael Shemtoub

    Contributor Level 17

    4

    Lawyers agree

    1

    Answered . Regardless of her insurance coverage she is responsible for her actions. You have a right to sue her for the cost of expenses and any other expenses you had because of the accident. This is a case where you need legal representation. I would suggest seeking legal advise. It is also in your best interest to not sign any documents until you have legal help.

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-... more

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