Legal Question in Civil Litigation in California

Can they do that?

We were in an auto accident and crashed into a concrete sign on the corner. This was 1 1/2 years ago. Now we are being sued by the sign company that repaired the sign for $12,000. Just need some advise as to whether we have any recourse, thanks.


Asked on 11/13/06, 5:55 pm

5 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Can they do that?

Yes. Submit to your insurance company or get represented. Call me directly at 16192223504.

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Answered on 11/17/06, 4:55 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Can they do that?

I'm not sure what you mean by "recourse" since you're not the one whose sign was damaged. The sign company has recourse against you, which is what its lawsuit is for.

Your subject line asks "can they do that", and the answer is "of course they can". Their property was damaged and they are entitled to sue the person whom they believe caused that damage either negligently or intentionally. I don't know enough about the facts to say whether they have a strong case, but they are certainly allowed to bring suit.

I suggest turning the matter over to your auto insurer. This seems like a case which most auto liability insurance would cover.

Good luck.

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Answered on 11/16/06, 7:09 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Can they do that?

They certainly have the right to sue you for the property damage, but they have to prove that you were responsible for the accident. If you were driving in a negligent manner and caused an accident, a jury might find you responsible for the property damage.

Without more specifics about the accident, it is hard to give you specific advice. If you had car insurance, notify the carrier right away of the lawsuit. The carrier would have a legal duty to hire an attorney to defend you if you had coverage. If you do nothing, the court might enter a default judgment against you in favor of the sign owner. You should consult an attorney right away.

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Answered on 11/16/06, 7:13 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Can they do that?

Definitely, and immediately, turn the matter over to your insurance company. If I were the insurance adjuster, I would question the price tag for the sign. That seems a bit steep, especially with public employees providing the labor.

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Answered on 11/16/06, 7:26 pm
Matthew Tozer Matthew B. Tozer, Attorney at Law

Re: Can they do that?

Whether or not you have any recourse depends on a number of factors. For instance, what and/or who caused the car to crash into the concrete sign? Did you have automobile liability insurance at the time of the crash? (If yes, contact them immediately). Where was the sign located? Were the cost of repairs excessive? Were all the repairs necessary? Can you afford to pay the bill? If you are liable, depending on various factors, the sign owner might accept a settlement for less than the cost of repairs. Is bankruptcy an necessary? In short, this question can only be properly responded to an attorney if he or she has a more full and complete understanding of the facts, issues, and your finances.

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Answered on 11/17/06, 2:48 pm


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