Legal Question in Civil Litigation in California

personal property damage.

earlier this month, my vehicle, while parked on a city street was struck in the rear by another vehicle, pushing my car into still another parked car. The driver of the errant vehicle had only a ''learners permit'' not a valid drivers licence. The registered owner of the vehicle did arrive at the scene after the accident, he did have proof of insurance, but it is unknown if it will cover the un-licenced driver of the vehicle.

My insurance may not cover the total amount of damage to my vehicle.

Should I take the registered owner to small claims court? (4500.00 total vehicle damage) i believe he would be the one to pursue due to the fact that he allowed an un-licenced driver to operate his vehicle.

thank you so much for your help... Im not sure what to do.

--name removed--


Asked on 4/22/03, 5:36 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: personal property damage.

Make a demand in writing (keep a copy of your letter) of the registered owner. She/he was negligent in loaning the car to someone with a learner's permit without supervision. If worst comes to worst, in California you have three years from the date of the property damage to file a law suit, although it's often best to do it a lot sooner. Small claims will often work. Good luck.

Read more
Answered on 4/22/03, 5:48 pm
Adam Telanoff Telanoff & Telanoff

Re: personal property damage.

The driver, the owner of the car, and the parents of the driver are probably all liable for your damages. Send them a demand first, then you can sue them in small claims court. Name all of them.

If you have any questions, or need any help feel free to contact me.

Read more
Answered on 4/22/03, 6:48 pm
Terry A. Nelson Nelson & Lawless

Re: personal property damage.

The registered owner and the permit driver, and the drivers parents are all liable. If you don't get paid, then bring suit against all.

Read more
Answered on 4/22/03, 8:11 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California