Legal Question in Insurance Law in California

Hit and Run

I own a 1981 eldorado cadillac, I have insurance for basic liability and uninsured underinsured motorists for the amount of $3,500.00. My car was parked in front of my house and was hit by a small pick-up that was driving recklessly and he took off. His license plate was left at the scene. The police recovered the other vehicle and told me it was a company vehicle. They also said the vehicle that hit my car was not reported stolen. If I do not get reimbursed by the other person, does my insurance cover the damage my vehicle suffered. My car was totaled. And if the owner of the other vehicle has insurance can I claim emotional suffering as well as property damage since I witnessed this incident and no longer feel safe in my own home.


Asked on 2/12/06, 1:23 am

2 Answers from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Hit and Run

Find out if the other party has insurance. If they do, file a claim with that insurance company. If you cannot get the insurance company's phone number, the Department of Insurance can provide you the contact information via their website, www.insurance.ca.gov. If the other insurance company denies your claim, which seems doubtful, then you can file in small claims court against the driver and the owner. If the other insurance company denies coverage, then your uninsured motorist coverage will pay. You are entitled to the fair market value of your car. Basically, find out what other 1981 El Dorado's are selling for in your area. For more about this, you may want to visit my blog at www.calpiblog.com or listen to one of my podcasts about this topic at www.personalinjurypodcast.com.

Good luck to you.

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Answered on 2/15/06, 9:02 pm
Sargis Atanous LAW OFFICE OF SARGIS G. ATANOUS

Re: Hit and Run

If the car that hit you and/or that driver had insurance, you can make a claim against those company(s). If they had insurance, you cannot bring a claim under your uninsured motorist clause because they were insured. If the other ins. co. refuses to pay, you must sue the company (owner of that car) and the driver (was he/she an employee?). And no, no emotional distress for property damage only. Good luck.

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Answered on 2/14/06, 11:25 pm


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