Legal Question in Personal Injury in California
Mva was struck by driver hit n run, my car totalled. Driver at fault fled scene on foot.
At fault driver had a susp. Lics. But registered owner has coverage aaa they may deny as the dad saying had no permission but saw him walk off with keys..yet live in same house hold.no stolen vehicle reported. We have full coverage but can we sue Aaa and registered owner, he does have a home too. How can they deny when they live in same Household driver was a 29 yr old loser dui per witnesses stunk of alcohol, wobbly walking, but they arrested him 24hrs later...again dad did not file report of missing car nor called cops about it..till he got word of accident.
2 Answers from Attorneys
You have not mentioned any injury, so this response assumes none. If you have full coverage under under/uninsured motorist and/or collision, and this is a non-fault accident as to you, there is little to gain from pursuing the criminal. Yes, theoretically you can get punitive damages, but you are unlikely to find an attorney willing to take a case where the chances of collecting are so slim.
Sounds to me that there was implied permission to take the car from your facts. Assuming that you were hurt and that AAA does not agree to cover that hit and run accident your uninsured motorist coverage would be applicable to cover your injuries, any hospital, medical/chiropractic bills and any loss of earnings so long as the other driver was at fault for this accident.
If you have collision coverage would cover your property damages less your deductible.If you don't have any insurance then that would clearly be a problem for you. Regards. Robert J. Worth
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