I was visiting my sister at her apartment as usual and parked in her stall. This is supposed to be a gated community. While my car was safely parked someone out side was in an argument with her boyfriend tried to run her boyfriend over with her car missed him but hit and totaled my parked car. Do I have a case here if so who do I sue for the damages of my car. ie. the police came out that day made a report
You cannot sue the apartment complex owner because the apartment complex does not have a legal duty to prevent a hit and run auto accident. However, you can sue the driver and the owner of the vehicle who hit your vehicle. If you have uninsured motorist coverage, you should also make a claim with your own insurance carrier.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. This posting does not create any attorney-client relationship. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation. Due to the high volume of phone calls and e-mails, not all phone calls or e-mails can be returned.
You can sue the owner of the car that hit yours, but not the apartment complex as there would be no negligence against them. You can also make a claim with your insurance company if you have collision coverage. That would be the fastest way to get your car fixed. Plus, the insurance company of the woman who was trying to run over her boyfriend may deny coverage as she committed a criminal act.
This answer is intended for informational purposes only. No attorney-client relationship is established by the use of this site. Nothing on this site is intended to be, nor takes the place of, legal advice.
You can make a claim against the driver of the car that hit your car, potentially also the owner.
If you have collision coverage, you can make the claim on your own policy. If your insurance pursues the other person or their insurance carrier for reimbursement, you may get a refund of some or all of your deductible.
I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.
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