My legally parked car was hit by a vehichle without enough coverage to pay all the damages to my car. Two other cars where involved in a Accident The car that was cited lost control and totaled my parked car that was parked in front of my home. Who can I sue to reclaim my loss?
Country relating to Question: United States
State (if USA): California
I talked to the party at faults lawyer who says they will only give me a percentage due to 2 other claims. They admit their insured driver is at fault but was under insured and can only pay a percentage,which is less than half.
Good afternoon,I'm sorry to hear of the situation.If you settle with the insurance company for the other driver----you will have released the other driver and there will be no one to sue. You may sue the driver of the at fault car before settling with their insurance company and then seek the partial payment from the insurance company and the remainder from the driver.What ever you do, do NOT settle with the insurance company unless you are willing to take the loss. You have an absolutely winning case and all you need do is sue in Small Claims court so long as your damage is $10,000 or less. Once you get the judgment, the insurance company may become a bit more reasonable---but you will be able to collect it all from the driver through wage garnishment, attachment of personal property and bank accounts and even lien their real property.You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me. Please recognize that the rating system only gives me credit for working with you when you click one of the 3 stars/faces on the right (positive rating). Also, kindly rate me based solely on my service to you in understanding the law, and not based on whether my answer is what you were hoping to hear. I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.I wish you the best in 2012,Doug
After re-reading my question I don't think I made it clear that the first car that ran the stop sign hit another car who veered into my car and totaled it. So my question is can I sue both drivers or insurance agencies or just the one who caused it all?
The middle car driver-----the one forced into you by the at-fault car---has absolutely no liability for the damage to your car, despite the fact that they were pushed into it. They were not negligent. They were in the wrong place at the wrong time.Your sole remedy is to go after the at fault driver who ran the stop sign.Again, you have an excellent case---just file in small claims. You won;t need an attorney and in a few short weeks, you'll have a judgment you can collect on.You may reply back to me again, using the Reply to Expert link, if you have additional questions.Please recognize that the rating system only gives me credit for working with you when you click one of the 3 stars/faces on the right (positive rating). Also, kindly rate me based solely on my assistance to you in understanding the law, and not based on whether my answer is what you were hoping to hear.I wish you the best in 2012,Doug
I am a practicing attorney with more than 27 years of experience in the legal field.
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