Skip to main content

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

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

Posted

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 is of a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advice on accident, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes y Lesiones personales, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Bancarrotas de Oakland, Hayward, San Francisco, y 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.

Mark as helpful

3 found this helpful

6 lawyers agree

Posted

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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Mark as helpful

1 found this helpful

14 lawyers agree

1 comment

Scott J. Corwin

Scott J. Corwin

Posted

Mr. Deasy is correct.

Posted

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 informational purposes only. If you desire legal advice, please consult a lawyer and form an attorney client relationship.

Mark as helpful

1 found this helpful

14 lawyers agree

1 comment

Scott J. Corwin

Scott J. Corwin

Posted

I agree with Mr. Wade.

Posted

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

Mark as helpful

12 lawyers agree

1 comment

Scott J. Corwin

Scott J. Corwin

Posted

Mr. Coluccio is correct.

Posted

Retain a local insurance lawyer.

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

Mark as helpful

14 lawyers agree

Posted

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

Mark as helpful

12 lawyers agree

Posted

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.

Mark as helpful

6 lawyers agree

Posted

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 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www. KingofPersonalInjuryLaw.com 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

Mark as helpful

1 found this helpful

4 lawyers agree

Lawsuits and disputes topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics