The only effect his being drunk might have, aside from making liability even cleared, is that if convicted of a felony you are also entitled to any reasonable attorney fees you incur.? However, since you were not insured, you can only collect so called economic damages which include property damage, loss of use, medical bills, wage loss, etc. You can not collect for pain and suffering. You should be able to quickly settle with the insurance company once you do not need any further medical treatment. They will settle your car damage claim now, separately [to avoid rental car expenses; do not accept the limit on the daily charge they allow their own insureds but rather the actual cost or reasonable cost until your car is back to you repaired. If you an live with the body damage to the car, you can be paid for the amount repairs would cost even though you do not have it repaired.
Answered on Feb 15th, 2012 at 6:33 PM