Legal Question in Insurance Law in California
Hit and Run/Unl
My daughter was involved in a hit and run. Her car is totaled. The driver had no license, no insurance and it wasn't his vehicle. A probable dui, though it was not listed on the police report that we received. What are my options? (this is the second time for us).
2 Answers from Attorneys
Re: Hit and Run/Unl
You can always make a claim against the driver. If you can prove the driver had permission of the owner to use the car, you can also make a claim against the owner. If your car carried uninsured motorist coverage, you can make a claim against that.
Re: Hit and Run/Unl
If your daughter is 18 or over then within one year you can file a civil action against the driver, or possibly the owner of the car. You can also file a cliam with your daughter's insurance for uninsured motorist benefits. If she is under 18, then any lawsuit could wait until the day before her 19th birthday. However, you should notify her insurance of the uninsured motorist claim ASAP.
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