QUESTION
Can I sue the driver for my totalled car?
Asked on Dec 10th, 2012 on Personal Injury - California
More details to this question:
A drunk driver hit my car (someone else was driving was not in the car). My friend was injured. I had liability insurance. The drunk driver did not have insurance. My car was totalled and I was pregnant at the time and that was my way of getting to school and work, which I could no longer do and I cannot afford to buy another car.
10 ANSWERS
Ronald A. Steinberg
If you had insurance on the car, did you have collision coverage? If so, your insurance company will either fix your car or give you money for the replacement value of it. If you did not have collision coverage, then you will have to sue the other driver and the owner of the car to collect. If you were injured, you are entitled to sue and collect for all damages that resulted from the negligence of the owner/driver.
Answered on Dec 28th, 2012 at 2:15 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You can sue the driver and the owner but you normally find drunk drivers with no insurance also to have no assets and not be worthy of a judgment, no lawyer would take that case on percentage for those reasons.
Answered on Dec 13th, 2012 at 12:24 PM
You can sue the driver, but if he has no insurance, recoving anything might be impossible. Instead, look into your insurance coverage and see if you have uninsured or uniderinsured motorist coverage. If so, you can simply recover for the loss from your own insurance company. If not, you might be out of luck in this situation.
Answered on Dec 13th, 2012 at 12:24 PM
Debt Collection Attorney serving Fresno, CA
at
Nunes Law, Inc.
Update Your Profile
Not only can you sue the drunk driver, but you may be able to get him to pay your attorney's fees in doing so.
Answered on Dec 13th, 2012 at 12:23 PM
NA richard@jandjlaw.com
Sure, you can probably sue, but the guy has no insurance. So, good luck on ever getting any money from the guy. You might try small claims court, though. Did you have collision coverage on your car? If so, your company will pay for repairs or for the fair market value of the car if cost of repair exceeds FMV and if you company pays, then your company will go after the uninsured at-fault driver. IF a judgment is entered against the at-fault, and he has no insurance, then he is probably going to get his Driver License suspended.
Answered on Dec 12th, 2012 at 1:44 PM
Thomas Edward Gates
Yes, you can sue for the recked car. Your insurance should of covered this expense and gone after the other party.
Answered on Dec 12th, 2012 at 11:59 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
If the other driver was actually uninsured, in Michigan, yes. The question is what can you collect. The other persons injuries should be covered as well.
Answered on Dec 12th, 2012 at 11:59 AM
Criminal Defense Attorney serving Anderson, SC
at
The David F. Stoddard Law Firm
Update Your Profile
If the accident was the drunk driver's fault, you can. While driving under the influence is a crime, in of itself it does not make you liable for an accident. For example, if the driver of your car ran a red light and hit the drunk driver, or was following too closely and rear ended the drunk driver, then the drunk driver would not be liable. If that is the case, you could sue the driver of your car. If the drive has his/her own car with liability insurance, it will probably pay the claim. If the drunk driver was at fault, you should be able to file a claim on the other driver's insurance without having to file suit. Your friend can also file a claim or sue for his injuries.
Answered on Dec 12th, 2012 at 11:59 AM
I assume you mean you want to sue the drunk driver. The statute of limitations on such an action, for property damage, would be 3 years in California. Yes you can sue, the question is, would you be able to collect if you win. Often times the reason a person has no insurance is because they cannot afford it. If they are employed, and you get a judgment against them, you can probably garnish wages to get paid over time. What court you would sue in would be dependent upon the value of your car.
Answered on Dec 12th, 2012 at 11:56 AM
Civil Litigation Attorney serving Greensboro, NC
at
Pinto Coates Kyre & Bowers, PLLC
Update Your Profile
Yes, you can file a lawsuit for the property damage to your car. Usually, if a drunk driver causes a wreck, the insurance company for that person will pay for the value of your car.
Answered on Dec 12th, 2012 at 11:56 AM