QUESTION
Can I sue for damages to my legally parked car hit by a drunk driver?
Asked on Jan 02nd, 2014 on Personal Injury - Florida
More details to this question:
My car was legally parked outside my house overnight. He was drunk and just came from a girl down the streets house and smashed right into my car. He was going super fast cause he pushed my car 30 ft. By then I had waken up and saw him swerve into the senior citizen parking lot. He started to run but my neighbors stopped him and came and beat on my front door. By then I had put 2 and 2 together cause my car wasn't there where I parked it only little scraps were. He doesn't have insurance and the police told me I'm basically SOL because the state will just take away his license. How can a drunk driver just total someone's car and just get away free and not have to pay me for it?
7 ANSWERS
Edwin K. Niles
Under Cal. law, every driver is supposed to have insurance, but there are still those who are uninsured. Check your policy for U.M. coverage.
Answered on Jan 06th, 2014 at 7:11 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You can sue the drunk. I don't know anyone who ever collected anything from a drunk.
Answered on Jan 06th, 2014 at 7:07 PM
Since about 25% of drivers have no car insurance, many insured ?people carry uninsured motorist protection so that you ca make a claim with your own insurance company. ?Your insurance agent should have told you about it being available. ?If you do not have it, you can sue the other driver and get a judgment in the hope that sometime he will have some assets that you find out about and can go after. A judgment in California lasts for ten years and can be renewed indefinitely.
Answered on Jan 06th, 2014 at 7:06 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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You can sue the guy for the damages he caused. If he had no insurance you may have a problem collecting from him. To the extent that he was under the influence, then he would not be able to discharge the debt to you in bankruptcy.
Answered on Jan 06th, 2014 at 7:06 PM
James Eugene Hasser
Get with the prosecutor and have them make restitution a part of any sentencing he gets.
Answered on Jan 06th, 2014 at 7:05 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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You can sue him and get a judgment , but you may not ever collect on it.
Answered on Jan 06th, 2014 at 7:04 PM
Thomas Edward Gates
You can sue for damages. He may not be able to pay the judgement, however.
Answered on Jan 06th, 2014 at 1:09 PM