Legal Question in Personal Injury in California
I was hit by a city bus. There are no injuries. Just damage to my car.
2 details.
1- The bus passengers exited, and a new bus picked them up before I even got out of the car. So I could never talk to witnesses.
2- The bus did not have insurance & registration forms on board. The driver told me that the previous driver is supposed to make sure those papers are there, and not to leave the yard without it.
My baby and I were i the car that was hit. Though there are no injuries. I must deal with insurance companies. My car is incapacitated for a while. This has been an inconvenience.
Can I sue the city (Los Angeles)?
1 Answer from Attorneys
You cannot sue unless they first reject your claim. You MUST (and I cannot over-emphasize how much you absolutely MUST!) file a claim form WITHIN SIX MONTHS OF THE ACCIDENT. If you don't, then you will not be allowed to sue for anything related to that accident. (There are some narrow exceptions and there is a procedure to try and get permission to file a late form but it's so tricky that only a lawyer should try it and the average person shouldn't rely on it).
Also: your claim is not with the City, it's with the MTA (assuming this was an LACMTA bus) which is operated by the County and they have their own claim form. You can download it at http://media.metro.net/images/claim_damages.pdf
PS: Metro buses have video cameras all over them, which should help settle any disputes about what happened. Also, they have a policy and procedure of obtaining "witness cards" from passengers in an accident. Lastly, don't worry about insurance, Metro is good for it.
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