Legal Question in Civil Litigation in California

Auto Accident while Parked wo Passengers

My car was parked without any passengers when hit by a car trying to park in downtown Los Angeles.

I was not in the car/ nor any passengers. My car was parked by the valet parker.

A police officer SAW the accident created a police report for me, so he's also a witness. the driver at the time did not have insurance on him and had a suspended license.

I am going through his insurance now, but the insurance company is taking long. My front bumper is badly damaged, and it might fall while driving. Creating a great hazard for me.

Is there anything I can do legally against the insurance company of the person that hit me? Is there anything I can tel them I will do if they dont fix my bumper, or threaten them with?

Thank you


Asked on 1/15/08, 2:47 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Auto Accident while Parked wo Passengers

The other driver's insurance company owes various duties to him, but it doesn't owe any to you. This means you have no legal rights against it. You do have rights against the driver, and his insurance company will protect those rights if the accident is covered. (It may turn out not to be, due to the suspended license or perhaps for other reasons.) The process may take a while longer, and it sounds like the delay may be placing you in danger unnecessarily. I don't think it's wise for you to keep waiting to see what will happen.

You should report the accident to your own insurer, which will then deal with the other insurance company so you won't have to. It will also pay to have your car repaired in the near term so that you won't have to await funds from the other driver or his insurance.

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Answered on 1/15/08, 3:19 pm


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