QUESTION
Can I file a claim against the man who totaled my wife's car?
Asked on Nov 20th, 2013 on Automobile Accidents - Michigan
More details to this question:
Our car was in a hit and run. It was parked in the front of our house where we always park. A drunk driver hit it along with a few other cars on the street. Mine was by far the worst. It was taken away on a flatbed. My wife suffers from various mental conditions including, bi-polar, PTSD, and severe anxiety. this car was the last thing she had from her late father who took his own life in 2010. I feel as though I will be screwed on this matter. My coverage is full on that car, and I have UIM. But what about the bar where he came from? We live across the street from the back entrance of the bar. They did catch the man. But my wife is beside herself from this, we only had that car, so I am now missing work for who knows how long. Someone please help me and tell me what i can do!!!
4 ANSWERS
Ronald A. Steinberg
You can sue the drunk. If you can prove that the bar served him when he was obviously intoxicated, then you can also sue the bar. You are entitled to recover for all foreseeable damages which resulted from the negligence of the driver (and the bar).
Answered on Nov 22nd, 2013 at 11:34 AM
James Eugene Hasser
Yes, she can sue, but the quickest, easiest thing is for her to make a collision claim with her insurance company and let them worry about getting their money back. She can also ask for restitution as part of any sentencing the drunk gets in the criminal case. She will need to get in touch with the district attorney assigned to the case to discuss it. Good luck.
Answered on Nov 22nd, 2013 at 10:47 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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If you are in Michigan you should be covered, check if you have temporary rental car coverage for the time it is out being repaired.
Answered on Nov 22nd, 2013 at 10:46 AM
You need to emphasize to your insurance carrier of the need to settle the car damage claim as soon as possible so you do not miss more work. You can sue the driver for your lost wages. Whether you can sue the bar depends upon whether your state has a "dram shop act" that makes the bartender, and thus the bar, responsible as to serving a person who does not appear to be drunk. You will have to prove that the bartender was responsible which will require getting a police report as to the level of the driver's blood alcohol and showing that the bar should have known of his condition. Your case is too minor to result in an attorney being willing to handle it. I doubt your wife could recover anything as her reaction is not foreseeable and one normally can not collect for emotional distress for damage to property.
Answered on Nov 22nd, 2013 at 10:46 AM