Legal Question in Personal Injury in California
unisured hit parked car that was uninsured
I had two cars parked behind each other in front of my mother house, an uninsured motorist was speeding and loss control and total one of my cars and damaged the others. when obtaining the police report the driver was uninsured but wasnt the owner,they live at the same address, while reporting the accident to my insurance, not knowing, I was told that my policy was in lapsed, then cancelled, so both cars was on the same policy. One car was brand new , the one that was total,and the other was non-operative(repairs),they were parked on the street. There was no info about the owners insurance info, the car that cause the accident was brand new, with no license plates, and after the accident it was total, so couldn't obtain any info from the car.
(A) Is there a way to obtain the owner info ? (I have the VIN# and the name and address of the owner)
(B) How can I get compensated for my loss and damage from the owner?
2 Answers from Attorneys
Re: unisured hit parked car that was uninsured
The owner of the car is only liable if she is somehow at fault for the accident. Merely owning a car does not automatically convert her into an insurer for whoever happens to be driving it.
If she knew the driver couldn't drive properly (maybe because he was drunk) and let him borrow it anyway, then you have a case against her. You also have a case if the accident was caused by a mechanical defect she knew about and she did nothing to prevent the driver from using it. Otherwise this is between you and the driver.
Part of your question makes no sense. You say that you don't have any information about the owner, but you also say you have his name and address. What more info do you want? Maybe you meant to say you have no info about the driver, but you seem to know he has no insurance and you also say the driver lives at the same address as the owner. If you don't know the driver's name, just contact the owner and ask.
As for the last part of your question, your only options are to work it out with him personally or to sue him. There is no general fund that reimburses people who don't insure their cars; if there was, no one would have an incentive to pay for insurance.
Re: unisured hit parked car that was uninsured
You get compensated by suing and winning against the driver and/or owner, and then only if they have insurance or assets of their own to collect against. No guaranty of either. Your own insurance company or the police can help you trace the people, if they are willing. Otherwise, go to DMV. If it was a new car, there is usually insurance required.
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