QUESTION

Can I sue someone who crashed into our home while driving drunk?

Asked on Oct 27th, 2012 on Personal Injury - Michigan
More details to this question:
We had moved out a month prior, the home was for sale and under agreement, and someone hit the home while driving drunk. This has pushed the sale of the house back several months, we are dealing with all the repairs, etc. and the home is now in default with the mortgage company. We did not plan to pay for two homes for several months, and cannot pay the mortgage on the home anymore. We are looking at a possible foreclosure while it's being repaired. Our home owner's insurance is paying for the repairs, which will then come from the driver's car insurance. Do we have a case against him if we sued him directly for suffering? Thank you.
Report Abuse

10 ANSWERS

Absolutely; you may also be able to sue the bar where he/she was drinking. I'm not sure you can get personal injury but property damage should be significant. Did you have homeowner's insurance? You may also want to file a claim with them as well.
Answered on Nov 04th, 2012 at 2:00 AM

Report Abuse
Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
Update Your Profile
Yes, you may also sue for economic loss.
Answered on Oct 31st, 2012 at 5:42 AM

Report Abuse
Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
Update Your Profile
Yes you can sue for all foreseeable damages proximately caused by the drunk driver?s conduct. Paying for repairs is one thing, but your circumstances may allow for more recoverable damages. I suggest you find an attorney in your area and obtain a free consultation to ascertain all of your rights and options.
Answered on Oct 31st, 2012 at 5:09 AM

Report Abuse
Ronald A. Steinberg
You can sue for the property damage. If you can prove an injury (physical OR mental), you can sue for that also. If the guy has insurance, the insurance company will pay. If he does not have insurance, then you are going to have a problem collecting. Do you have homeowner's insurance? If so, just make a claim against your own insurance, and let that company go after the fool.
Answered on Oct 30th, 2012 at 9:55 PM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
Sue the drunk driver. The insurance co will not try a drunk driving case. they will settle. If you can prove all your allegations (under contract etc) and all this was delayed I suspect you ought to be able to recover all your documented and provable losses.
Answered on Oct 29th, 2012 at 2:20 PM

Report Abuse
Thomas Edward Gates
Suffering no, but additional expenses resulting from the accident highly likely.
Answered on Oct 29th, 2012 at 2:19 PM

Report Abuse
Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
Update Your Profile
Yes, you can. First you should consult with a plaintiff's lawyer who dandles motor vehicle and accident cases for legal assistance.
Answered on Oct 29th, 2012 at 2:19 PM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
Doubtful. This would probably be described as "remote and consequential" damages. The driver is liable for for see able damages (damage to property) but the liability stops after that.
Answered on Oct 29th, 2012 at 2:19 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
You may well have a claim for additional damages due to the delay in the sale and what it cost you in additional expenses.
Answered on Oct 29th, 2012 at 2:18 PM

Report Abuse
Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
Update Your Profile
You have a case because a jury will want to punish the drunk. Get a lawyer and get a lawsuit filed yesterday.
Answered on Oct 29th, 2012 at 2:18 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters