Can I sue for an intentional act of assault? 3 Answers as of July 26, 2011I am a cop in CA. We were in pursuit of a stolen vehicle. The owner had left the vehicle running in his driveway when it was taken. The criminal drove into a court and stopped. I got out of my patrol vehicle because I believed he was going to run. The criminal took off in the vehicle directly at me. I tried to get back into my patrol vehicle. The criminal swerved towards me hitting the driver door at approx 30 mph. the door crushed my left leg. I got lucky and it did not break it. It did swell up a lot though. 6 months later there are still a few small bumps, tissue damage and it is tender to the touch. I can live with it and consider my self fully recovered because life goes on. Can I sue the criminal for what that would be worth?, and the vehicle owners insurance? I was covered by workers comp.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
I think as a victim of a crime, you could sue the perp. might, depending on the circumstances, also be able to sue the car owner, not his insurance company. Don't think the firefighters rule applicable here. Workers comp gets to recover what it paid out from any judgment or settlement.
Answer Applies to: California