Legal Question in Personal Injury in California

not my fault accident

I was driving when I was intentionally being shot at from behind. The shots were hitting my vehicle and going through the windshield. I ducked to avoid getting hit. Well while I ducked I hit an older parked truck. I messed up my vehicle but I only had liability insurance. How do I go about getting my truck fixed or payed. The driver of the vehicle that was shooting was caught 15 minutes after the accident. The police said it wasnt my fault for the accident cause im a victim.


Asked on 1/28/04, 1:57 pm

4 Answers from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: not my fault accident

Many other attorney's have replied and told you you can sue, the other driver is at fault, etc., etc.

That they did not tell you is that you were also assaulted, battered, and you may well have a claim for intentional infliction of emotional distress against the shooter. In other words, you may get punitive damages, as well as compensatory damages against the shooter in a case like this. Call the other attorney's, then give me a call. I will give you a free consult over the phone and if you retain my firm, we will start the process.

818-427-6246

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Answered on 1/30/04, 9:45 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: not my fault accident

the person who shot at you would be deemed the liable party in your personal and/or property damages here. this person would be proximate cause of your damages since he/she would be legally deemed as having put the force in motion that led to your damages by intentionally shooting at you. thus, you should retain an attorney to go after this individual if the damages are extensive in this matter. if you would like further assistance, email us directly today.

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Answered on 1/30/04, 1:36 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: not my fault accident

You will have to sue the person who was shooting at you, unless the two of you can work out an out-of-court settlement. At the same time, there are lots of other causes of action you can assert against him; all of these would have to be part of a single lawsuit.

First make sure he can afford to pay you if you win. Such a lawsuit won't do any good unless the shooter has assets from which to pay you, since no insurance policy will cover damage caused by the insured's intentional wrongdoing.

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Answered on 1/30/04, 2:00 pm
Terry A. Nelson Nelson & Lawless

Re: not my fault accident

You can sue him, that is if he has insurance or if he has assets that you could collect against. In that case, see an attorney, because you have a good case - contact me if interested. If he is without insurance and has nothing, you are, practically speaking, out of luck and wasting your time and money.

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Answered on 1/30/04, 2:23 pm


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