Can I pursue legal action if my legally parked car was hit by a drunk driver?

Question

The accident took place overnight and I was asleep inside my house so I was not injured.  The driver was stopped by responding neighbors four houses down the street which leads me to believe he tried to flee the scene before the police arrived.  The police also found marijuana in the driver's car.  I had just paid off my car a few months ago and have put a lot of money into it last month with four new tires and a completely new air conditioning system.  If the car is totaled, will I be able to recoup any of the money that I just spent on it or any money for car payments that I wasn't hoping to make for at least another year?

Gregory Crain · Answer

Yes.

David Stoddard · Answer

Yes you can sue for damages.  If the car is totaled, you are entitled to the fair market value of the vehicle.  Money you spent on the car cannot be recouped in addition to the FMV.  But if you made improvements that raise the FMV, you can indirectly recoup the cost of these improvements to the extent that these improvements raise the FMV.  I do not understand what you mean by recouping car payments that you were not expecting to make.  I assume the car was paid for, and now you anticipate having to make car payments on a replacement for your car.  You get the FMV of your car, and that's it. In theory, you should be able to use your settlement to replace your car without obtaining another loan, because you should be able to take your settlement and buy a car of the same value with the settlement.

Jeffrey Lapin · Answer

Yes you can sue the drunk driver for the damage to your vehicle. If the driver was insured, you might be able to negotiate a settlement with the drunk driver's insurance company.  If the vehicle is totaled, you will not be able to recoup all of the money you have spent on it. The drunk driver, or the insurance company, is only liable for the "reasonable" value of your vehicle. The reasonable value is what the vehicle itself was worth in the condition it was just prior to being struck. The best valuation of what is "reasonable" would be to find another vehicle in the exact same condition (same year, mileage, add-ons, etc.) as yours. However, this is often difficult to do especially for older vehicles. While insurance companies and juries do not use this, you could look at Kelley Blue Book or the National Automobile Dealers Association ("NADA") to help give you a range of values that your vehicle might be worth. Things you added to the vehicle lose their value almost immediately after you put them on your vehicle. However, depending on the item, they may increase the value of your vehicle.

Dennis P. Mikko · Answer

You would first look to your insurance company for collission coverage on your car.  Your insurance company should pay the claim and seek damages from the other driver since you were legally parked.  If you do not have insurance, you  may be prevented from pursuing this matter as you cannot show compliance with the Michigan No-Fault Insurance Act.

Steven D. Dunnings · Answer

Firs, if all were covered by insurance, you can only receive your deductible up to $500. Second, how are you going to prove this person hit your car if there are no eyewitnesses to say he did?

Willie Stephen Graves · Answer

The drunk driver's insurance company owes you for the fair market value of the car if it was totaled.  The matter of future payments you hoped to avoid is not a factor, but the fact that the car was in exceptional condition with new tires, etc. is. In theory, you should be able to take the payment from the insurer and go buy another car of equal value with it.  It can be hard to get them to agree with your assessment of your car's value, but ou always have the option of suing in small claims court if you believe a judge or jury will agree with you. Unfortunately you can't afford to hire a lawyer because whatever you have to pay the lawyer will come out of your recovery and leave you even less to spend on a replacement car, and the insurance companies know it.

Paul Whitfield · Answer

You will be paid fair market value for your car. some of your recent expense for new tires might get you some extra bucks. It is all about real value.

Dean Esposito · Answer

Keep those receipts. If your vehicle is totaled, you can use them to argue your vehicle was in good condition and should be paid a higher value.

Kevin Habberfield · Answer

Take to your insurance company or his. They should be able to sort you out. If you have receipts for the expenses you put into the car in the last 6 months, they will likely pay them if the car is totaled. If the offer to fix your car isn't satisfactory (it will NOT be Kelley Blue Book) then go see an attorney.

Timothy Klisz · Answer

Yes. The drunks insurance will cover it under the property loss section of their insurance. You can also get loss of use until its repaired or you obtain a new vehicle. If they are uninsured, you will need to sue personally.

James Kelaher · Answer

If the other driver was at fault (and obviously so) then his/her insurance company will have to pay for the damages to your car. In Florida, if the cost of repairing your vehicle meets or exceeds 80% of the value of the car, either party can have the car declared a total loss. You can probably get the insurance company to increase their offer on the value of the car, but you will undoubtedly have to produce copies of the receipts for the work you had done, and you cannot expect to be compensated at 100% of the work you had done above the fair market value of the car.

William Spern · Answer

In MI, you pay for insurance for damage caused to your vehicle. Assuming you have insurance, make a claim. If you do not have insurance, you can sue the owner and driver of the car that struck your car for up to $500.00.

Lisa Hurtado McDonnell · Answer

Get a copy of the police report and see if the driver or owner of the car was insured.  You can file a claim with their insurance company. If they weren't insured you can file a claim with your insurance company.  The insurance company will give you an estimate of the repair cost. If repair cost is more than the car is worth they will offer the value of the car. Tell their adjuster that it's had new tires and new air conditioning system and show them a receipts if you have them.  They will give you offer to settle claim.  You can reject the offer and make a counter offer.

Ronald A. Steinberg · Answer

Because you were legally parked, I believe you can collect what your insurance doesn't pay.

Jon R. Moore · Answer

Unfortunately, you will be limited to the fair market value of your vehicle immediately prior to the impact.  The fact that your vehicle recently had four new tires and a completely new air condition system, however, will add overall value to your vehicle.  You may need an appraiser to give you an opinion about the fair market value of your vehicle.  Unfortunately this number will not include the car payments that you'll have to make on a new vehicle.  If you used your vehicle for your business, however, you may also be able to recoup loss-of-use value in addition to the fair market value of your vehicle.

Michael Heilmann · Answer

A defendant driver is legally responsible  for his actions to his parked car.

Ronald Lowry · Answer

Yes you have a claim for the value of your car if it is a total loss. That amount is affected by the condition of the car and how much you spent on maintenance, repairs and improvements.

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Can I pursue legal action if my legally parked car was hit by a drunk driver?

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