Claims Against a Neighbor Who Hit Your Parked Car

Attorney Answer

You are in a far better position than most hit-and-run victims, because you know who the driver is. Her leaving does not help her — it is a separate violation on top of the damage she caused.

Two rules govern this. First, the duty to stay. Cal. Veh. Code § 20002(a) requires a driver involved in a collision resulting only in damage to property, including vehicles, to stop immediately at the nearest location that will not impede traffic, and it then sets out, in § 20002(a)(1)-(2), the steps the driver must take to get identifying information to the owner — which is what leaving written notice on an unattended car is for, followed by notifying the police or the California Highway Patrol without unnecessary delay. A violation is a misdemeanor carrying up to six months in county jail, a fine of up to $1,000, or both. That duty applies whether or not the driver knows you, and whether or not she thinks the damage is minor.

Second, who pays. Cal. Civ. Code § 1714(a) provides: "Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself." A car parked lawfully outside your house contributes nothing to a collision, so a driver who backs into it is measured against ordinary care with very little to point back at you.

You have two routes to payment and you can use both. You can claim against her liability insurance directly. Or you can claim under your own collision coverage and pay your deductible — in which case Cal. Code Regs. tit. 10, § 2695.7(p) requires your insurer to tell you in writing whether it intends to pursue her, and § 2695.7(q) requires it to include your deductible in any subrogation demand and to share what it recovers with you proportionately. Your insurer also has clocks: fifteen calendar days to acknowledge the claim, provide the necessary forms and begin investigating under Cal. Code Regs. tit. 10, § 2695.5(e); forty calendar days from proof of claim to accept or deny under § 2695.7(b); and thirty calendar days to tender payment after it accepts under § 2695.7(h).

What you can do

1. Photograph the damage, your car's position at the curb and any paint transfer, before any repair.

2. Report it to the local police or sheriff. A report matters even between neighbors — it fixes the date, the vehicle and the fact that she left.

3. Ask her, in writing if you can, for her insurance information. If she will not give it, the police report and your own insurer are the usual routes to identifying the carrier.

4. Open a claim with your own insurer even if you intend to pursue hers. Having the file open costs you nothing and starts the regulation clocks above.

5. Get a written repair estimate before you discuss any figure with her or her insurer.

6. Be careful what you sign. Under Cal. Civ. Code § 1541, "An obligation is extinguished by a release therefrom given to the debtor or the released party by the creditor or releasing party, upon a new consideration, or in writing, with or without new consideration." A signed release can end the claim even if the repair later costs more than you were paid.

7. If you were hurt and not only your car, talk to a local attorney before settling anything.

8. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts with someone who handles these cases in your area is worth more than any general guidance, including this page.

⏱ Time limits apply. A claim for damage to your vehicle runs on Cal. Code Civ. Proc. § 338(c)(1)'s three years. If you were injured, Cal. Code Civ. Proc. § 335.1's two years applies to that claim and is the shorter of the two. When either period started, and whether anything changed it, depends on facts this page does not have — have a California attorney confirm the dates. This page does not calculate them for you.