Legal Question in Civil Litigation in California

ok 1. husband deployed, my mother was in another state fighting cancer.

2 i opted to put everything in storage an move to be with her as her time wasnt going to be long.

3 had house packed(family of 5 & 2 dogs)

4paid for storage unit, just had to move it all to storage.

5night before i was to move everything was hit by underage drunk driver(whole other bullshit story)..

6unable to put stuff from house to storage because my NEW TRUCK i had lless than a monthgot totaled. in the mean time a couple days go by finaly get into rental car but no way to move stuff. then das calls "get your ass home moms bad". so of course i took off to wa from socal drove straight thru. mom died 4 days after getting there had to turn rental,in as drunk drivers ins only covered so many days now I'min wa no vehiclw now lost EVERYTHING WE OWNED GUSN FURNITURE SENTIMENTAL THINGS..i am ssleeping on a air mattress a yr later trying to rebuild ive got 3 kids they needed bwds ect.. BECAUSE OF HIS NEGLIGENCE DRINKING AN DRIVING AND CAUSEING AN ACCIDENT, CAN I GO AFTER HIM FOR WHAT I LOST (HAVE ITEMISED LIST)


Asked on 12/26/12, 12:17 am

3 Answers from Attorneys
Charles Perry Law Offices of Charles R. Perry

Of course you can. The driver is liable in negligence.

The problem is whether you can collect much. Parental liability for the negligence of minors is generally limited to $25,000, under California Civil Code Section 1714,1. The minor himself probably has nothing. It is unclear what you might collect from any insurance company covering the minor, as there is not enough information provided in your question.

You probably have though of this already, but it bears repeating: does your homeowner's insurance provide you with any coverage? Your automobile insurance? It is definitely worth investigating.

Read more
Answered on 12/26/12, 1:27 am
Armen Tashjian Law Offices of Armen M. Tashjian

Yes you can go after him and his parents. Also, I suggest you contact the prosecutor and make sure they have your itemized list of damages. They can make your damages part of the restitution.

Read more
Answered on 12/26/12, 1:37 am
Terry A. Nelson Nelson & Lawless

Yes, you can always sue the driver for your damages. If he was uninsured, or if the insurance coverage is limited, you have a problem. You need to determine if the car was in his name. If not, then the registered owners can also be sued. If serious about getting legal help, feel free to contact me.

Read more
Answered on 12/26/12, 2:04 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California