QUESTION
How do I recover my losses after being hit by a drunk driver?
Asked on Dec 03rd, 2011 on Personal Injury - Georgia
More details to this question:
My car was hit by a drunk driver traveling down the freeway in the wrong direction without her lights on at 11:30 at night. The drivers insurance company rated my 15 month old car as a total loss. However, the settlement they are offering is about $1500 short to pay my leasing company. In addition, the opportunity to lease the same car at the previous payment is no longer available, so my payments will be going up about $75.00/month. How can I recover the balance of the money owed and make up the difference in my least costs (at least for the 21 months remaining on my original lease)? This has certainly made my life miserable. Thankfully, no one in my car was seriously injured!
13 ANSWERS
Personal Injury (Plaintiff) Law Attorney serving Wheaton, MD
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The Law Offices of Paul A. Samakow, P.C.
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You get paid for the value of your vehicle. Value of your vehicle has nothing to do with the money you owe for loan or lease on that vehicle. As you know, vehicles depreciate. Regarding the increased payment, again, that has nothing to do with giving you money for the value of your vehicle. Your financial arrangements are not part of calculating value. Best wishes.
Answered on Dec 12th, 2011 at 9:40 AM
Sam Louis Levine
There are some things about your car accident case involving a drunk drivere that you may not be aware of. There is no downside to consulting with an attorney & I would suggest doing so as soon as possible. You should be prepared to ask the attorney a list of questions of how he/she would help you, etc.
Answered on Dec 12th, 2011 at 9:39 AM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Unless you has gap insurance, you can only get $500.00 from the other driver under Michigan No-Fault. Contact the other driver's insurance company. If you have gap insurance, contact the gap insurer.
Answered on Dec 12th, 2011 at 8:42 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Well, the law is pretty black and white when it comes to what the tortfeasor and his insurance company owe you for a vehicle that is totaled. You might have some options to assist you with the additional costs that you are having to incur.
Answered on Dec 12th, 2011 at 8:35 AM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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You know, driving under the influence on the wrong side of the road causing a wreck is a serious matter that can subject the tortfeasor driver (the defendant) to the imposition of punitive damages. Sometimes that is covered by the automobile liability policy, sometimes not. In those instances where the automobile liability policy does not cover punitive damages, the drunk driver would have to pay that out of her own funds leading to a potential claim by the drunk driver that the insurer did not protect her properly in this claim. Send a "demand letter" certified mail to the insurer asking for the full amount of the damages and say that if this is not paid, in full, by a specified date (a month or so away) that you will hire a lawyer, will file suit and ask for punative damages. If they don't pay in full do that very thing. Watch 'em change their tune.
Answered on Dec 09th, 2011 at 6:45 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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The best way to put pressure on the insurance company is to file lawsuit in the Justice Court in your county. They have forms you can fill out. There is a $35 filing fee and you will need to hire a process server to serve the lawsuit on the defendant. That will cost $50-100. Then they have to hire a lawyer. Your claim is not large enough to hire an attorney. You will be your own atty, like on the People's Court. Bring all your documents to court.
Answered on Dec 09th, 2011 at 4:57 PM
You need to speak with a lawyer about your case. Virginia statute allows you to collect punitive damages from a drunk driver - even if your injuries are minor - if certain criteria are met.
Answered on Dec 09th, 2011 at 4:31 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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State law says you are entitled to diminished value of your car, or fair market value if totaled. What that figure is is a market driven question. The amount they say may not be correct and you may be able on the web to find other and larger figures, If there were injuries, even small, you may get some personal injury settlement funds that might make you feel better about the whole transaction.
Answered on Dec 09th, 2011 at 1:25 PM
Steven D. Dunnings
You can't. The insurance company only pays what it considers to be the fair market value of the car. Any questions of lease payments is irrelevant.
Answered on Dec 09th, 2011 at 11:11 AM
Consult with a plaintiff's accident attorney to obtain specific legal advice and to seek a complete recovery on your insurance claim.
Answered on Dec 09th, 2011 at 11:09 AM
Workers Compensation Law Attorney serving Atlanta, GA
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Rechtman & Spevak
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It is very difficult to be made whole by property damage recovery. Many people, such as yourself, may owe more for their car than its true market value. Insurers are only required to pay the market value for the loss of your car, irrespective of what you owe or other consequences. If you believe the settlement they are offering is short of the true market value, you can gather evidence of market value from auto sellers in your area, present them to the insurer, and attempt to negotiate the property damage settlement.
Answered on Dec 09th, 2011 at 10:49 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Unless you bought gap insurance you are stuck. Sorry. Next time get gap insurance. It's usually a small one time payment.
Answered on Dec 09th, 2011 at 9:54 AM
Houston D. Smith III
Because the driver was drunk, you are entitled to recover punitive damages as well as compensatory damages.
Answered on Dec 09th, 2011 at 9:18 AM