Legal Question in Civil Litigation in California
car accident
I was in an accident that was not my fault and my car was totalled. There was a mix up with my insurance company and at the time of the accident I was not covered except for liability. I had a loan on the car and it needs to be paid. The other car was brand new but he had not added to his insurance yet so he was not covered either. I still need to pay the remaining balance on the loan. I know that I can take action but I don't know what kind of lawyer I need or if there is a statute of limitations on something like this. The accident happened a little over a year ago.
3 Answers from Attorneys
Re: car accident
If he is at fault, you make a claim on him. If he only had the car 30-days or less, and he has other cars insured, then his insurance would cover it. If there really is no insurance on him or you, then you try to settle with him, or you take him to court, there are no other options. If you only seeking your property damage, then you may be able to get that much. If you were injured, and this case has substantial value, you have a problem unless he has income and assets you can collect against. Feel free to contact me if you want help.
Re: car accident
Hello!
First, the statute of limitations for property damages is 3 years. I assume that you were not injured in this accident. If you were, the personal injury statute is 2 years from the date of the accident.
IF the other car was within the 1st 30 days of acquisition AND IF it replaced an insured car AND IF the car it replaced had public liability property damage converage (PLPD) THEN AND ONLY THEN would the new car be covered.
Depending upon the type and character of your "mix up" there may be a way to go forward on your own car. If your insurance agent made an error, the agent probably has malpractice insurance. If the error was the insurance ocmpanies for some odd reason, then you may be able to go to the lender and ask them to "force place" coverage. If they do it, it merely pays off their loan however.
You should contact a lawyer near your residence (same city) and find someone with experience in what is commonly called "coverage" issues.
I hope this has been helpful.
Sincerely,
Mark Geyer
Re: car accident
If the other driver's car was "newly acquired" (i.e. within the 1st 30 days of his possession) his insurance would cover it automatically. So you may have recourse there.
Depending on what your insurance company "mix up" was and who was responsible for that mix up, you may have recourse against either carrier or your agent. More information would be required here.
You are well within the applicable statutes of limitation both on your contract/loan (4 years) and to sue the other driver for damage recovery (3 years).
A civil practitioner can handle the last issue (pursuit of the other driver). The other aspects would probably require an attorney with insurance coverage and insurance litigation experience, both on a 1st and 3rd party basis.
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