El Monte, CA asked in Car Accidents and Small Claims for California

Q: Suing uninsured driver and car owner in small claims court, what can I add to my claim?

Hi everyone, my parked car was hit by a drunk 20 year old driving his sister's car. They did not have any insurance and I only had uninsured motorist that covers up to $3500. My insurance paid me out the $3500, but I am still out a few grand ($2,972). I wanted to know if I'll be able to add the listed below to my claim, as it's money I lost with this accident. Also, will I be able to sue the owner (sister) since it was her car and she let someone drive it without insurance?

List if receipts I have:

Brand new tires <2k miles: $300

Brand new battery less than 1 month: $211

Brand new suspension <2k miles: $360

Brand new cv axle <2k: $108

Infant car seat base: $60

Stroller: $120

I know some people might say it's not worth it as they may not even have any money, but at this point just suing them will be enough and just Incase they do pay I want to make sure I covered everything. Thanks everyone. By the way I'm in Southern California in the Los Angeles County, if that help.

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, you can sue both the driver and the owner of a vehicle for damages in an accident. When presenting your claim, you can include the costs of the items damaged or destroyed as a result of the accident, especially if they were integral to the vehicle or impacted by the accident, such as the tires, battery, suspension, and CV axle. The infant car seat base and stroller can be included if they were damaged during the incident. Retain all receipts and evidence of recent purchases to present in court. If the driver was uninsured, the owner of the vehicle (in this case, the sister) can also be held liable for the damages.

Remember to provide evidence that demonstrates the negligence of the at-fault party. If successful, collecting the judgment may be a challenge, but a judgment is enforceable for a number of years, giving you time to collect. It's crucial to consult directly with an attorney to ensure your claim is presented effectively.

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: In general, multiple parties could be named by a claimant. In most cases, it still amounts to a single payment per given loss/damage. Good luck

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