Legal Question in DUI Law in California
Parked car totalled by Uninsured DUI driver ...
First of all, thanks for taking the time to read this.
My car was parked in front of my building a few nights ago and was
smashed into by a drunk driver. He was arrested at the scene for DUI.
My car's a total loss - luckily I have collision insurance. However, the
insurance has a $1000 deductible which I'm going to have to pay out of
pocket. There are also untold expenses associated with replacing this
car - taxes, title, the fact that I'm gonna end up spending a fair amount
more than I'm going to be reimursed - and dealing with the aftermath -
lost wages, rental cars, etc. - that I'm going to end up paying for myself.
It's pretty clear cut who's at fault here. But since the guy doesn't have
insurance I only get what my insurance company thinks the car was
worth - minus the deductible, and of course, *nothing* for the other
expenses associated with the accident and replacing my vehicle. I'm sort
of confused as to what I can do, if anything, to get everything paid for. It
doesn't seem right that someone can do this to me and walk away
leaving me with a bill which in the end will be in the thousands.
Thanks for your advice!
jay
2 Answers from Attorneys
Re: Parked car totalled by Uninsured DUI driver ...
Try collecting your bills and sending them to the DA's office with a cover letter, maybe the court will make the guy pay restitution to you as a condition of his sentence. Otherwise you will have to sue. You can sue in small claims court without a lawyer for up to $5000, see nolo.com for good books on the subject.
Re: Parked car totalled by Uninsured DUI driver ...
The District Attorney will be able to have the Court order you full restitution for all of your out of pocket losses. Thus, this won't cost you anything since if the Defendant does not reimburse you thru this process, the Judge can give him additional jail time. That is a terrific incentive for him to pay the money. Don't worry, just call the DA. Attorney Woodworth