Legal Question in Personal Injury in New Jersey
Property Damage from drunk driver...
My parents (elderly) live in NJ. One late night a DUI driver crashed into their mailbox and front tree line. The police arrested the individual and we are unsure if he was drunk or on drugs but he was definitely under the influence. The police apparently bagged some evidence. The problem is that the trees are irrepelaceable (20yr old specialty large junipers). My parents are hesitant about hiring an attorney because they do not want to start a whole law suit and pay high hourly rates for an attorney. In fact, my father has cancer and goes in for chemo regularly. This is the last thing they needed. I am currently a law student but very far from home, so I am familiar with general tort liability. But, practically speaking, I would really like to find out what is the best road to take under these sensitive circumstances. If it were me, I would sue because I have a feeling the insurance company will definitely quote lower than the actual extent of the damage. I strongly have urged my parents to do an initial consultation with an attorney and NOT to accept any payments from anyone. I would really appreciate any advice on the matter. ~Frank
2 Answers from Attorneys
Re: Property Damage from drunk driver...
Their claim would have to be addressed by insurance companies but might be negotiated after a letter to the defendant.
To help a budding young lawyer I would be glad to meet with them for a consultation without charge and, if needed, use a staff lawyer who charges less than I do.
Best of luck to your parents and hang in there as a good son.
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Re: Property Damage from drunk driver...
Sorry to hear about your parent's problem.
Fortunately, it doesn't sound like anyone was hurt.
You don't need to "sue", at least not yet. The first step is simply getting in touch with the drunk drivers insurance company.
In this case, if the drunk driver was insured, the "property damage" coverage of his automobile insurance should pay for any damages. The amount of your parents recovery will be limited by the amount of coverage on the policy.
Your instincts are also correct that an insurance company will not typically offer full value on a first offer. This is where your own negotiating skill, or that of an attorney, can assist you. Be aware that there are many attorneys who take matters on a "contingent" basis, and do not charge a fee unless they obtain compensation for you first.
The best way to figure out whether an offer is "fair" is to compile your own estimate of the damage caused (based on replacement value, labor, materials, etc). With this estimate, you have a frame of reference to evaluate any offers.
Best of luck. Feel free to contact me with any questions.
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