Your predicament sounds terrible and has multiple facets. The first issue is being able to keep your business operating. Your Landlord has a right to rent. You have indicated that you are willing to pay the rent to the Landlord but want the late fees deducted. File an Answer within the 5 business day period after service of the 5 Day Pay or Quit and indicate your willingness to pay the rent.
As far as suing the drunk driver, you certainly can do so with the caveat that if the drunk driver has substandard/no insurance that you may not be able to recover. You should keep the dialog open with your insurer/agent and determine if you have business interruption coverage for your business.
As with many other legal issues, once you get into coverage questions, consultation with an attorney is probably in your best interest.
Answered on Oct 08th, 2012 at 4:53 PM