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  1. #1
    Join Date
    Apr 2014
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    4

    Question Getting Compensation After Somebody Hits Your Parked Car

    My question involves an injury that occurred in the state of: California

    Ok so about three weeks ago, my parked car was hit by another vehicle. Since I was sleeping when this happened, I did not get a chance to get the other driver's info. However, the police did arrive at the scene and filed a police report. I had to wait 10 days to get a report so for almost two weeks there was nothing I could do about it. I should also mentioned that I only had liability insurance in my car so my own insurance company is of no help in this case.

    So the report did not have any insurance information for the other driver. However, it did have the name of the two passengers as well as the information for the owner of the vehicle. I tried contacting both the driver and the passenger immediately. The has never replied despite my multiple attempts to contact him. I even left a message with his girlfriend but he never called back. The other passenger did call me back and told me he had full coverage on the car. He gave me his insurance information and I called them to make a claim. But now the insurance is telling me that they will not cover damages to my car because neither the driver nor the vehicle were insured under that policy. They also told me that the policy holder (passenger) rented the car. So now I'm confused as to who I should take to court. I know I can take the driver but I want to also take the owner of the vehicle. I also have to mention that the passenger of the car is no longer returning my phone calls or messages.

    The thing is, in the police report, it was the name and address of the owner so I'm assuming the car was rented from a private party rather than a rental company. I two letters today, one for the driver and one for the person who is listed as the owner of the car. I will mail those out tomorrow. I'm pretty much asking them to contact me or otherwise I will be taking them to court.

    I have not gotten an estimate on my car but I am pretty sure it'll be considered totaled since the damage was major and cannot be driven leaving me to ride and walk to school and work.

    So my question is, besides the driver, who else can I take to small claims court? Will the owner still be liable if it is true that he rented the car to the other person ("passenger") or would I have to take the "passenger" who rented the car. Or can I take all three?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Who Can I Take to Small Claims Court in This Situation

    The passenger has no obligation here

    the owner most likely doesn't unless you can prove something like negligent entrustment


    that leaves the driver

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Who Can I Take to Small Claims Court in This Situation

    Sue the driver and the owner.

  4. #4
    Join Date
    Apr 2014
    Posts
    4

    Default Re: Who Can I Take to Small Claims Court in This Situation

    jk: The only reason why I considered suing the driver is because I believe he rented the car which I would assume means he was responsible for the car.

    flyingron: Thank you, that is what I'm considering.

  5. #5
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Who Can I Take to Small Claims Court in This Situation

    Quote Quoting student007
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    jk: The only reason why I considered suing the driver is because I believe he rented the car which I would assume means he was responsible for the car.

    flyingron: Thank you, that is what I'm considering.
    I do not see how suing the owner will be helpful. If you were in a non-abbreviated court (Not small claims.), you might be able to make a case against the owner after discovery. But, all you have is the driver hit your parked car. How is the owner responsible?

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Who Can I Take to Small Claims Court in This Situation

    Quote Quoting Welfarelvr
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    I do not see how suing the owner will be helpful. If you were in a non-abbreviated court (Not small claims.), you might be able to make a case against the owner after discovery. But, all you have is the driver hit your parked car. How is the owner responsible?
    Because this took place in California, and in California the owner has statutory liability. You might want to read the California Vehicle Code starting around section 17150. Then you might also want to see the specimen jury instructions as sent forth in CACI 720.

    The owner IS liable for his permissive use of a vehicle.

  7. #7
    Join Date
    Apr 2014
    Posts
    4

    Default Re: Who Can I Take to Small Claims Court in This Situation

    Thank you. I do know that in CA the owner has statutory liability. Thank you for your advice.

  8. #8
    Join Date
    Apr 2014
    Posts
    4

    Default Getting Compensation After Somebody Hits Your Parked Car

    My question involves an injury that occurred in the state of: California

    Ok so I posted a question a few days ago. I am planning to take the owner of a vehicle to small claims because while someone else was driving it, they hit and totaled my parked car. Like I mentioned in my previous post, I sent a letter to the person that is listed as the owner of the car in the police report. That person contacted me today. He told me that he had traded in the car to a car dealership over a year ago. He gave me the info so that I could contact them. I called the dealership immediately and was told that the car had been traded in but it had been sold to a car lot. They refused to give me any information regarding the car lot.

    Today I also contacted the towing company that towed that vehicle. I was told that they still have the car under possession and that no one has called in regards to the car. It's been over three weeks since the incident. So after that I decided to Google the vin number. A post came up from a local used car lot in my town. This was posted in March of this year. So this means that the car had been recently sold. I contacted the car lot so see if I could get any info regarding who they sold the car to. A manager was not available so I was asked to call back later today.

    Anyways, I'm just wondering why the car is still registered under the former owner if he traded in the car over a year ago. Was either the car dealership or the car lot negligent for not transferring the car from the former owner to their possession? I'm not sure how car lots work but shouldn't they register the car under the buyer immediately? Like I mentioned earlier, it's been over a year since the person listed as the owner on the police report traded in the car so I have no interest in pursuing legal action against that person since it is not his fault. Could I sue either the car dealership or the used car lot for not registering the car to their name? Any advice will be greatly appreciated.

  9. #9
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Getting Compensation After Somebody Hits Your Parked Car

    You should delete the above post (if still possible) and start your own thread.

    Sue the registered owner. The owner should have reported the sale of the vehicle.

  10. #10
    Join Date
    Jun 2013
    Posts
    551

    Default Re: Getting Compensation After Somebody Hits Your Parked Car

    Quote Quoting student007
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    Anyways, I'm just wondering why the car is still registered under the former owner if he traded in the car over a year ago. Was either the car dealership or the car lot negligent for not transferring the car from the former owner to their possession? I'm not sure how car lots work but shouldn't they register the car under the buyer immediately? Like I mentioned earlier, it's been over a year since the person listed as the owner on the police report traded in the car so I have no interest in pursuing legal action against that person since it is not his fault. Could I sue either the car dealership or the used car lot for not registering the car to their name? Any advice will be greatly appreciated.
    What are you going to sue the dealership for, you have no damages from them. You have damages from the current owner, and unless he notified the DMV the old owner is still liable for his vehicle. https://www.dmv.ca.gov/pubs/brochures/reg/nrl.htm If the dealership was supposed to submit it for him then they may be liable to him for his damages, but that is for him to decide.

    You can sue just the driver, but you should probably sue both the driver and the registered owner. There is a good chance the driver is the new owner, there is also a good chance, he is uninsured,and that the car has not been registered to him. Let the old owner and the court figure out what happened with the registration and the title, that isn't your issue, it is theirs.

    - - - Updated - - -

    Quote Quoting flyingron
    View Post
    You should delete the above post (if still possible) and start your own thread.

    Sue the registered owner. The owner should have reported the sale of the vehicle.
    This is his thread already, why would he start another one?

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