Garden Grove, CA asked in Criminal Law, Products Liability, Real Estate Law and Car Accidents for California

Q: Mobile home was destroyed by driver who plowed through security fence. Hmwners no ins., driver no ins. Mbhmpark liable??

Driver drunk, high, on drugs?? Police to scene taken into custody.

Park: was it supported with enough security measurements?

House was unleveled due to hit, porch completely destroyed, roof foundation.

Who pays damages? Where do we start?

3 Lawyer Answers
William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: Unless there were some factors that put the mobile home park on notice that cars were likely to plow through the fence (like prior similar incidents), I don't see why the park would be liable. Your homeowner's insurance will pay to repair/replace your mobile home. You might also file a claim with the Victims Assistance Board. https://victims.ca.gov/victims/howtoapply.aspx

Steven M. Sweat agrees with this answer

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: Unless there had been prior incidents putting the association on Notice i do not see why they would have liability.

HOA would kick in if there was any and you can also contact the victims compensation section of the District attorneys office. You should also contact the DA handling the case to request the court order restitution for the cost so your repairs as a condition of the sentence.

though the driver did not have insurance you can file in small claims and get a judgement up to $10k which you can renew every 10 years.

The odds are you will bear the cost of the repairs.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Go for insurance. If you don't have any, see if the HOA does as you pay lot insurance. I would argue you pay to have your safety undisturbed. If you pay taxes the damage would be a casualty loss I believe--check with an accountant.You will need estimates to back up your figure.

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