we parked on walmart/sams parking lot. we were two spaces from an 18 wheeler that was not running or moving at the time we exited our vehicle. the driver was outside of the truck smoking a cigarette. when we came out of walmart after being in there approximately 30 minutes, the truck was resting against our car. the driver denied hitting our car. i have pics and when i showed him that his bumper had pierced the drives side of our vehilcle, he moved his truck. we then called police and they took the report and we are now in the process of getting the footage from the walmart surveillance video system. he hit our car while i think he was just trying to make it difficult for us to re-enter our vehicle.
Yes you can. Can you provide more details so we may evaluate your claim?
Personal Injury Lawyer
I agree with Vuk. you can sue the trucking company,, and also the driver. More facts are needed to determine whether a lawsuit would be economically viable.
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How bizarre!! You may have a claim, but the question will be whether there are any damages in addition to the property damage. It does not sound like there are any. There are always two questions in a lawsuit: are they responsible, and if so, how much were the damages.
This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.
I would not make the claim that the truck driver acted intentionally. If you make that claim, then the insurance company and the trucking company may not be liable for the damages. This is because insurance companies do not cover "intentional" acts. Additionally, his employer is only liable for damages caused "in furtherance" of his employment duties. If you claim that he acted intentionally, then you may lose the right to get any recovery from the insurance company and/or the trucking company. You would only be left with getting money from the driver personally, which would be the least beneficial scenario. I recommend you keep it simple: The truck driver struck your vehicle causing damages. You have nothing really to gain, and more to lose, by making this personal.
Personal Injury Lawyer
Wait a second ! Your Post says you were struck by this truck and that your car is being "fixed by his co.". In short, if your car is being, or was, repaired by the owner of the truck at no expense to you, then you have no basis to bring a suit against the driver. Any such suit would have been for the purposes of collecting the cost of repair or the fair market value of the car had it been totalled. Since you have, or are being, voluntarily provided with that item of "damages", there is no longer anything to sue for. Your case, if brought, would ultimately be dismissed.
If you were to prove that the truck driver deliberately damaged your vehicle, you will void any applicable insurance coverage for this incident that may apply to the truck. You then would need to turn to your comprehensive insurance coverage, which will compensate you for vandalism. I suggest you try to get the damages repaired without making allegations of intentional acts which will void the truck's coverage.
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For what? Your car is already being repaired and you were not injured.
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