Legal Question in Personal Injury in California

Drunk driver wiped out 3 parked cars.

I had my 2 cars parked in front of my house, as well as one of my fathers. We had a drunk driver hit my fathers truck (which was demolished) into my truck (which was a total) and then into my SUV. My truck was paid for, though they did take away the rental before I received payment, but they are fighting me on the SUV. It was pushed 22ft in park and the transmission was damaged. They ''fixed it'' and I got it back, but in a day and a half the same thing happened and I had to have it towed back. They now say it's a warranty issue and refuse to pay for it. I need some guidance on laws I can use to scare them (I had someone tell me I am entitled to 3 times damages), or whether I should just get an attorney. It has been over a month of fighting at this point. Thanks in advance.


Asked on 9/17/07, 7:01 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Drunk driver wiped out 3 parked cars.

Hard to answer without a lot more details, so here goes.

Was the drunk caught, or did a witness give an i.d., or was it a hit run? Put simply, do you know the identity of the drunk driver? If so, was he/she insured? Was there a police report?

Who is they? You say "they" took it away, "they" are fighting me, ""they" fixed it, "they" now say it is a warranty issue. HELP!!!!

I need clearer facts. Pretend I just landed from Mars, and you are trying to tell me your problem(s). How many cars are we talking about, and seperate problems involving the totaled truck, the SUV, and your dad's car.

Were the cars owned, leased, paid off, etc? Who are you trying to scare?

I am glad to help, if you help me first. Please be so good as to e-mail, or call, my office with a clearer idea of what we are actually talking about. Then I'll do my best to help you?

Just to give you one far out point, out of many unclear areas, if the drunk is known, and he/she was intoxicated after drinking too much at a bar, restaurant, someone else's house, etc., you may have someone with some insurance, and/or financial responsibility other than the drunk here, so there are a lot of side issues.

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Answered on 9/23/07, 10:44 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Drunk driver wiped out 3 parked cars.

Whoever fixed the SUV should make the necessary repairs. Then, whatever is not done under warranty should be given to the insurance carrier for reimbursment. If it is not reimbursed, sue the driver in small claims court. If you get a judgment, the insurance company will be required to pay as long as it does not exceed the policy limit.

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Answered on 9/23/07, 11:52 pm


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