Legal Question in Personal Injury in California
hit and run accident
The roommate of a co-worker of mine was using his truck in August 2000 as his means of transportation. The truck is registered to the co-worker, and not the roommate. Both the co-worker and the roommate are from Illinois and do not have CA licences as of yet. While using the co-workers truck, the roommate was involved in a witnessed hit and run accident. Police reports have been made about this, and the woman who was the victim is harrassing the co-worker at his place of employment. Six months after the accident, she is just now bringing forth estimates for damage repair and copies of the police report. The co-worker is wondering what is his responsibility is in this situation. He is the registered owner of the vehicle involved, but was not the one to cause the damage. He was not in the vehicle at the time of the incident.
3 Answers from Attorneys
Re: hit and run accident
I note that your question to LawGuru.com has been directed to me as I specialize in Personal Injury law.
The general rule in California is that the registered owner of the vehicle is primarily responsible. If your co-worker was the registered owner, then his insurance would take care of any damages. You do not indicate whether the roommate was the hit and run victim or whether the roommate was the at-fault driver. If your co-worker did not have any insurance on the truck, then any claimants would look to the driver of the truck for any other auto insurance.
If this lady who was the victim now has damages, it would be normal for her to try and contact your co-worker either at work or at home. Even though he was not driving and was not in the vehicle, he is still primarily liable and responsibility would extend to any bodily injury or property damage claims. If your co-worker had insurance on his truck, he should make sure that his insurance company is handling any claims against him.
Yours truly,
SAM M. EAGLE, 10101 SLATER AVE #218, FOUNTAIN VALLEY CA 92708 PHONE: 714-963-5123
FAX: 714-964-9993. E-MAIL: WWW.FIRMS.FINDLAW.COM/EAGLELAW007
Re: hit and run accident
The owner of a motor vehicle (Calfiornia Law) is responsible for damages that are caused by use of that vehicle, up to certain amounts, for bodily injury and property damage, without regard to fault, even if not in the vehicle at the time of the incident. This does not apply if the driver of the vehicle was not authorized to use the vehicle at the time of the incident causing injury or damage.
Therefore, your co-worker is liable to the lady who his roommate hit.
This is not a case that my law firm would handle. Do not contact us in regards to this incident. We only represent injured parties who are in the right, legally, morally and ethically.
Your co-worker and his roommate, according to what you have supplied, are both responsible for the injures, if any. They are not without defenses, however.
John Bisnar, Senior Partner, Bisnar & Chase, Personal Injury Attorneys & Counselors at Law, www.serious-injury-law.com, 800-956-0123, [email protected].
Re: hit and run accident
The driver the vehicle is responsible for the accident and there's no limit on the responsibility. The owner of the vehicle is also responsible to a maximum of $15,000 for personal injuries and $5000 for property damage if it was only one person in the other car. If you the driver or the owner has car insurance they should reported immediately as this is the type of accident that would be covered. If they do not have insurance and they get sued they will have to hire their own lawyer. I do handle these types of cases and if you wish to discuss it in more detail please feel free to call me.
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