Accident involving a dealer car in california

[shaun88]

My parked car was hit in a homedepot parking lot in hayward CA alameda county. Nobody was inside the car at a time. The car that hit my vehicle was a dealer car. The driver said she doesn't have insurance. Her husband said it his car he just bought it and hasn't put it under his insurance (he lied because after 60 days I checked with dmv and it shows as still under the dealership Folsom Lake autos in sacramento). Me and her husband both have progressive insurance I immediately contacted them they opened a claim under his after 85days they denied coverage without really giving a detailed reason just saying "the particular car and driver are not covered under the policy".
Now I believe my best choice is to sue in small claims. do I just file against the driver of the vehicle or can the dealership also be sued for negligence for giving a car to an uninsured driver for personal use. If you recommend some other course of action please let me know aswell.
Thank you

 

[adjusterjack]

Use your collision coverage, if you have it. Let your insurance company go after the driver for reimbursement. That's what you pay premiums for.

 

[shaun88]

This is liability only vehicle no collision coverage.

 

[quincy]

My parked car was hit in a homedepot parking lot in hayward CA alameda county. Nobody was inside the car at a time. The car that hit my vehicle was a dealer car. The driver said she doesn't have insurance. Her husband said it his car he just bought it and hasn't put it under his insurance (he lied because after 60 days I checked with dmv and it shows as still under the dealership Folsom Lake autos in sacramento). Me and her husband both have progressive insurance I immediately contacted them they opened a claim under his after 85days they denied coverage without really giving a detailed reason just saying "the particular car and driver are not covered under the policy".
Now I believe my best choice is to sue in small claims. do I just file against the driver of the vehicle or can the dealership also be sued for negligence for giving a car to an uninsured driver for personal use. If you recommend some other course of action please let me know aswell.
Thank you

Is the husband or wife employed by the dealership? Was the wife test driving a car from the dealership’s lot? Did the car that damaged your car, in other words, still have dealer plates?

 

[shaun88]

Is the husband or wife employed by the dealership? Was the wife test driving a car from the dealership’s lot? Did the car that damaged your car, in other words, still have dealer plates?

 

[shaun88]

Don't know if the husband is employed by the dealer. Car didn't have dealer plates. This dealership is in Sacramento the accident was in hayward that's 60 miles away so couldn't be a test drive. Dmv record yesterday show the car still (80 days after the accident) under Folsom Lake autos in Sacramento.

 

[quincy]

Don't know if the husband is employed by the dealer. Car didn't have dealer plates. This dealership is in Sacramento the accident was in hayward that's 60 miles away so couldn't be a test drive. Dmv record yesterday show the car still (80 days after the accident) under Folsom Lake autos in Sacramento.

So Folsom Lake autos is still listed as the registered owner of the vehicle?

When an accident occurs in a dealership’s car, the dealership’s (fleet) insurance generally would cover the costs of an accident caused by a “permissive driver” of the vehicle. Someone test driving a car would be a permissive driver. Someone who works for the dealership could be a permissive driver.

The car isn’t a stolen vehicle, is it?

 

[shaun88]

So Folsom Lake autos is still listed as the registered owner of the vehicle?

When an accident occurs in a dealership’s car, the dealership’s (fleet) insurance generally would cover the costs of an accident caused by a “permissive driver” of the vehicle. Someone test driving a car would be a permissive driver. Someone who works for the dealership could be a permissive driver.

The car isn’t a stolen vehicle, is it?

No car is not listed as stolen. This car was bought used by the deleaership on 06-03-2024 until current. Either her or her husband got the car with the permission of the dealership most likely the husband though. He has atleast 3 other cars under his name with dealer plates. So guessing he is somehow involved with the dealership but just a guess.

 

[quincy]

No car is not listed as stolen. This car was bought used by the deleaership on 06-03-2024 until current. Either her or her husband got the car with the permission of the dealership most likely the husband though. He has atleast 3 other cars under his name with dealer plates. So guessing he is somehow involved with the dealership but just a guess.

The driver who hit your car could be sued but it is also possible that the dealership’s insurance could cover the damage to your car. You might want to find out what connection the husband has to that dealership.

 

[shaun88]

It's gonna be really difficult to find the connection because the dealership does not respond to my email. I can send them a demand letter than include their names in the defendants in small claims. Don't know what the chances are.

 

[quincy]

It's gonna be really difficult to find the connection because the dealership does not respond to my email. I can send them a demand letter than include their names in the defendants in small claims. Don't know what the chances are.

It’s apparently the dealership’s car so I don’t think they will be all that surprised to be included in a lawsuit involving their car.

 

[Litigator22]

It's gonna be really difficult to find the connection because the dealership does not respond to my email. I can send them a demand letter than include their names in the defendants in small claims. Don't know what the chances are.

Curiously, if you do send a demand letter to the dealership as proposed, what is that you will demand of it? What will you ask it to do in response?

I ask because to date you haven't mentioned having suffered any definable/provable financial loss resulting from the incident, i. e., out-of-pocket dollars and cents.

 

[shaun88]

The damage to my vehicle was assessed by a bodyshop to be $2700.

 

[zddoodah]

Sue the driver and her husband and the registered owner of the vehicle.

 

[shaun88]

I was thinking about suing the husband but I can't find any evidence linking him with the car as the dmv records show the dealership as the last owner of the vehicle.