QUESTION
help! i while driving was hit by a driver who was dui...he totaled my vehicle ( a 2005 beetle convertible in pristine condition)...now i have been
Asked on Mar 11th, 2012 on Automobile Accidents - Pennsylvania
More details to this question:
offered $10000 through insurance....i have to get a new car and add car payments to my budget because a 21 year old punk decided to drink and speed. are there other options--the car was bought free and clear AND i planned to use it until my kids took the keys away (i am 65 years old)...luckily, the only injuries sustained were a hurting neck to me and facial "rug burns" from the seatbelt for my 7 year old grandson in the back seat...neither of us are confortable driving past the accident site. the driver had a previous run in with the cops-having alcohol at the age of 16 which was charged as disorderly conduct. he was charged with a dui with this accident...it does not seem fair for me to have to accpet the burden of more payments as he admitted the accident was his fault.
1 ANSWER
4 Awards
The key here is that the driver is liable for the amount of the damage to your car as well as your injuries, even if you have limited tort insurance. Limited tort insurance is converted to full tort insurance if the at fault driver accepts ARD or is convicted of DUI. Provide as much documentation as you can for the value of your car and if it is not enough, even if you were not planning to sue for your injuries, pursue a claim for the injuries which will help make you whole on the property damage. Legally, it is of no significance that you planned to drive this car until it was taken from you. You are only entitled to the fair market value of the car today. See http://fairlielaw.net/practice-areas/car-accidents/
Steven F. Fairlie, Esq.Fairlie & Lippy, P.C.1501 Lower State
Road, Suite 304North Wales, PA 19454voice: (215) 997-1000fax: (215)
997-1777steve@fairlielaw.netwww.fairlielaw.net
Answered on Apr 02nd, 2012 at 8:36 PM