1. #1
    SHU
    SHU is online now
    Forum Member
    SHU's Avatar
    Join Date
    Jul 2005
    Location
    SoCal
    Posts
    2,708

    What do you do in CA when someone hits your parked car?

    Today while I was at the beach someone who lives at my apartment complex hit my wife's brand new parked car. The rear bumper is bent in a little bit and some of the paint has come off. My neighbor witnessed it and he left a note on the car with his name and phone number. The neighbor's kid knows the guy and they said he was going to do whatever it took to make it right blah, blah, blah. I'm not from CA and I do not know anything about the laws concerning this so I was wondering if some of you could give me some advice on how to proceed. I have USAA full coverage on all my cars and it is pretty cheap but I do not want my rates going up due to this retard. What do I do in this situation?

  2. #2
    Forum Member

    Join Date
    Jan 2011
    Location
    West
    Posts
    169
    Simple. you can exchange information with the guy and then each of you contact your respective insurance agencies.
    Im sure since you said I have USAA full coverage on all my cars and it is pretty cheap but I do not want my rates going up due to this retard" you probably just want the guy to give you some cash to get it fixed and be done with it. if he's reasonable, he will probably be willing to do that.

  3. #3
    SHU
    SHU is online now
    Forum Member
    SHU's Avatar
    Join Date
    Jul 2005
    Location
    SoCal
    Posts
    2,708
    To tell you the truth I would rather his insurance cover everything. I do not want to go back and forth about the price of this repair.
    Even if he says he will pay up, I'm not a trusting person.

    Do I need to call the SO or CHP and get a report? Is that needed in CA?

  4. #4
    Forum Member

    Join Date
    Jan 2011
    Location
    West
    Posts
    169
    depends on what city. if you guys can amicably exchange info there is no report needed. The city I work in does not take reports for no injury traffic accidents unless one of the involved parties does not have a valid license and or insurance.

  5. #5
    Forum Member

    Join Date
    Oct 2007
    Location
    California
    Posts
    1,783
    Quote Originally Posted by SHU View Post
    To tell you the truth I would rather his insurance cover everything. I do not want to go back and forth about the price of this repair.
    Even if he says he will pay up, I'm not a trusting person.

    Do I need to call the SO or CHP and get a report? Is that needed in CA?
    Only if the damage is over $750 or injury/death, damage to property you have to report to DMV.

    If its on private property, police will usually not respond and if they do, they'll just make you guys exchange info.

    Not much recourse.

  6. #6
    Forum Member
    moparfan's Avatar
    Join Date
    Sep 2008
    Location
    SoCal
    Posts
    1,054
    usaa is great your rates wont go up. Give them the info and they will handle all the details.
    I'd rather be judged by 12 rather carried by 6.

    It should be noted that any and all post that are made or based on my own thought and opinions.

  7. #7
    Retired Sergeant - CHP
    SgtCHP's Avatar
    Join Date
    Nov 2006
    Location
    Left Coast
    Posts
    6,252
    Liability of Private Owners

    17150. Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner.

    Amended Ch. 702, Stats. 1967. Effective November 8, 1967.

    Liability of Operator

    17152. In any action against an owner, bailee of an owner, or personal representative of a decedent on account of liability imposed by Sections 17150, 17154, or 17159 for the negligent or wrongful act or omission of the operator of a vehicle, the operator shall be made a party defendant if service of process can be made in a manner sufficient to secure personal jurisdiction over the operator. Upon recovery of judgment, recourse shall first be had against the property of the operator so served.

    Amended Ch. 702, Stats. 1967. Effective November 8, 1967.

    Uninsured Owner or Operator: Reduction of Judgment or Settlement

    17200. Where an uninsured owner or operator has obtained a judgment against or agreed to a settlement with the owner or operator of an insured motor vehicle based on the negligence of the insured owner or operator, the amount of the judgment or settlement payable by the insured or his or her insurer shall be reduced by the amount paid or payable to the insured owner or operator or occupants of the insured motor vehicles or their heirs or legal representatives from coverage provided by an uninsured motorist endorsement where the claim of the insured, the owner, or occupants of the insured motor vehicle and the uninsured motorist arise out of the same accident. If the insured or his or her insurer becomes entitled to a reduction, the reduction shall not exceed the amount of the settlement or judgment awarded the uninsured owner or operator.

    Added Ch. 1252, Stats. 1983. Effective January 1, 1984.

    Permissible Action: Duty Where Property Damaged

    20002. (a) The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault. The driver shall also immediately do either of the following:

    (1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver's license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver's license information, if available, or other valid identification to the other involved parties.

    (2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.

    (b) Any person who parks a vehicle which, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in damage to any property, attended or unattended, shall comply with the requirements of this section relating to notification and reporting and shall, upon conviction thereof, be liable to the penalties of this section for failure to comply with the requirements.

    (c) Any person failing to comply with all the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

    Amended Sec. 16, Ch. 825, Stats. 2001. Effective January 1, 2002.

    Counter Reports: No Determination of Fault

    20015. (a) No traffic or police officer shall include in any counter report of a property-damage accident, as defined in this section, any determination by the peace officer of fault of the reporting person, including, but not limited to, inattentiveness. This section does not apply to a determination which is the result of an examination of the physical evidence of the accident at the site of the accident by the traffic or police officer or the result of an express, knowing admission of the reporting person if the basis for the determination is also included in the report.

    (b) As used in this section, "counter report of a property-damage accident" means any report of an accident involving one or more vehicles which meets the following criteria:

    (1) The accident reported caused damage to property, but did not cause personal injury to or the death of any person.

    (2) The report is prepared at an office of the California Highway Patrol or local law enforcement agency.

    (3) The report is written or recorded by, or with the assistance of, a peace officer.

    Added Ch. 861, Stats. 1984. Effective January 1, 1985.
    Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

    [George Washington (1732 - 1799)]


  8. #8
    Forum Member

    Join Date
    Apr 2008
    Location
    socal
    Posts
    1,219
    Exchange insurance information, and contact your insurance company and let them deal with it. Never let him pay for it on his own.

    If he refuses to exchange info then call the PD and file a hit and run report. What happens here is they basically force an exchange of info and it's done. The city attorney won't file on 99% of hit and run misdemeanor charges...

  9. #9
    An Obvious problem
    mdrdep's Avatar
    Join Date
    May 2007
    Location
    Ca
    Posts
    5,484
    A lot of this is going to depend on where you live. If you are in an unincorporated area you can file a counter report with CHP. In any city it's going to depend on the individual policies of the local PD.

    If this guy is going to provide his info, I would just pass it on to the insurance companies and let them handle it.
    Today's Quote:

    "The difference between stupidity and genius is that genius has its limits."
    Albert Einstein

  10. #10
    Forum Member

    Join Date
    Sep 2010
    Location
    California
    Posts
    93
    What do you do in CA when someone hits your parked car?

    Depends on what part of the state you're in. If you're in Nor Cal, you probably know the guy and you make him fix it and buy you a beer. If you're in So Cal, you shoot at him with all your homies.

  11. #11
    Forum Member

    Join Date
    Jun 2010
    Location
    So. California
    Posts
    60
    You didn't mention what part of Cali you are in. I had an incident a few years ago down in Chula Vista. Someone (or a group) went "wilding" and broken side view mirrors off cars street parked during/after a Superbowl.

    I called Chula Vista PD and was (politely) told that I did not have $600 worth of damage so the best CVPD would do is take a report over the phone so I could file with my insurance company. They would not send a uniform to the scene.

  12. #12
    Retired Sergeant - CHP
    SgtCHP's Avatar
    Join Date
    Nov 2006
    Location
    Left Coast
    Posts
    6,252
    Quote Originally Posted by jshinobi View Post
    You didn't mention what part of Cali you are in. I had an incident a few years ago down in Chula Vista. Someone (or a group) went "wilding" and broken side view mirrors off cars street parked during/after a Superbowl.

    I called Chula Vista PD and was (politely) told that I did not have $600 worth of damage so the best CVPD would do is take a report over the phone so I could file with my insurance company. They would not send a uniform to the scene.
    Your incident was not a traffic accident; it was an intentional act of malicious mischief. If a number of vehicles were intentionally damaged by hooligans, that information should have been properly reported to CVPD. In that case, they would have sent an officer to the scene.
    Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

    [George Washington (1732 - 1799)]


Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Log in

Click here to log in or register