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


Asked on 7/04/04, 2:01 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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.

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Answered on 7/04/04, 1:28 pm
George Woodworth Law Office of George Woodworth & Associates

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

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Answered on 7/04/04, 2:38 pm


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