Legal Question in Personal Injury in California

Car hitting the house, teenager driver hit and run

A 14yr old girl driving a friend's parent's truck(there were no adult in the car, only 4 teenagers), ran into our house in the kitchen area. We claimed our home insurance for the repair. Police report still not out yet(3 weeks already). Tenant lives in there but no gas or hot water because gas is shut off by Firefighter and PG&E. Our home insurance got cancelled and because of a open claim we can't get a quote from other home insurance company. What can we do? Who is responsible for the damage and our loss of rent plus our $1000 deductible of the home insurance?


Asked on 5/19/05, 11:32 am

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Car hitting the house, teenager driver hit and run

The driver and her parents are liable for the damages, make a claim on them and follow up with a suit if required. Your insurance company is supposed to help you do this, but if you didn't have a policy at the time, you have to do this yourself.

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Answered on 5/24/05, 2:05 pm
Christopher Kall Law Offices of Christopher A. Kall

Re: Car hitting the house, teenager driver hit and run

You have presented two very different issues.

1. Was your homeowner's insurance cancelled before or after this accident? If after, then your homeowner's insurance carrier should be able to assist you in the cost of repair. If before, then they will obviously provide you with no assistance whatsoever.

2. Recovering compensation for the damage from the person that caused it will be a little more complicated. Obviously, the 14 year old will have no assets to pay for your losses. Therefore, you may sue her parents for the damages you have sustained. Assuming the vehicle was insured, the driver's parents' may provide insurance for the damage caused by this girl. However, they will likely take the position that a 14 year old's "joy ride" was not a risk that they were insuring. Therefore, you may be pursuing the parent's personal assets. Also, the "permissive use" statutes may provide for a cause of action against her parents and/or the registered owner of the car. You definitely need a lawyer to assist you in this matter.

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Answered on 5/24/05, 2:53 pm
David Lupoff Law Offices of David B. Lupoff

Re: Car hitting the house, teenager driver hit and run

Generally, the owner of the vehicle is usually responsible, but I would join them both in a lawsuit. Unfortunately, if you did not have active H.O. insurance, you may have to pay for the cost of the lawsuit yourself. Should you desire to hire an attorney, I would be glad to assist you. Feel free to contact me at 818.653.0462

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Answered on 5/24/05, 4:42 pm


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