Appellate Practice Attorney serving New York, NY
Basically you are asking whether you can sue someone who stole your car, drove it drunk, and totaled it. The answer is yes. However, to the extent that your insurance covered any of the damages, your insurance company would get it back off the top. Also, you appear to have a good claim, but that doesn't mean that you will be able to collect if the guy has no assets.
Answered on Aug 21st, 2015 at 12:04 PM