QUESTION
Can I sue if a drunk driver hit my parked car?
Asked on Jun 15th, 2013 on Personal Injury - California
More details to this question:
My parked car was hit by a drunk driver at 2am. He hit it so hard that it forced my car to hit my boyfriend’s Ford F150 that it moved forward 10 feet away. So not only my car has damages the back of his truck has minor damages too. I have already claimed it through my insurance because I know the drivers insurance will not put a rush on this. The adjuster that looked at my car said that it’s a total loss. The cost of damage is almost $10,000 and the value of my car is only around $7,000. The payoff balance on my car was around $3,600. Insurance is paying it off and the remaining balance goes to me. I was wondering if I can sue the driver for the inconvenience plus I need to start all over by looking for another car. I'm not even sure if I'll get approve for a loan since my credit is very bad. I am a single mother of four and I need a good reliable vehicle.
3 ANSWERS
Civil Litigation Attorney serving Van Nuys, CA
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Law Offices of Alexander Edward Gilburg
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You absolutely can sue the other driver for your deductible and any other damages you sustained as a result of this incident.
Answered on Jun 17th, 2013 at 10:48 PM
Sorry, but those types of damages are not compensable.
Answered on Jun 17th, 2013 at 11:02 AM
Car Accidents Attorney serving Newport Beach, CA
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Russell & Lazarus
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In addition to the damages for the total loss of the vehicle, you are also entitled to the charges incurred for a comparable rental vehicle and/or the loss of the use of your vehicle for reasonable period of time. Loss of use would be the amount it would cost to rent a vehicle similar to the one which was damaged. Rental charges and/or loss of use does not include reimbursement insurance purchased on the rental car.
Answered on Jun 17th, 2013 at 11:02 AM