First, regardless of the fact that the driver of the car which damaged yours was drunk, there appears to be no question that he was at fault. Since the car was parked and nobody was injured, the only damages you can recover are for the repair of the car IF it can be repaired, for the reasonable value of the car given its condition at the time of the accident if it cannot be repaired, and loss of use of the vehicle from the date of the accident until the date a reasonable offer of compensation is given. The only real question, here, is whether the insurance company offered you a reasonable amount for your totaled car. You can find out what the reasonable value of your car is by going online to Kelley Blue Book's website and entering the make, model, mileage, and all other details about your car. KBB will give you the car's wholesale and retail values. Unless the amount you were offered is very much less than what KBB says it is, you should accept their offer. As for any other "leverage" with the dealership, you don't really have any, but if the dealer offers to make a deal with you on a new car, although it's unlikely they will do so, you can certainly negotiate with them. However, do NOT assume that just because their employee totaled your car they will be generous with you.
Answered on Jan 20th, 2014 at 5:28 PM