Legal Question in Personal Injury in New York

DWI driver hit my parked car

I've contacted my ins co. they said that since it was no-fault that my rates wouldn't go up and (they said I could go after the other driver's insurance but they might deny the claim since it was DWI- so why even suggest it?

also, my policy does not cover a rental and I have been driving my parents car - can I recover $ for the use of their car from the other guys ins co. or from the driver himself (small claims?).

thanks in advance.


Asked on 3/24/09, 3:32 pm

3 Answers from Attorneys

Re: DWI driver hit my parked car

Yes, you should make a claim against the other driver damaging your parked car. You may include the deductible, any additional collision expenses, and the cost of a rental. If you go to Small Claims Court, be sure and have a certified paid bill, or bring the body shop mechanic to testify. It is possible the DWI driver's insurance company will pay the claim. If not, the DWI driver may be personally liable. Small Claims handles $5,000 or less. Best, M. E. Zuller

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Answered on 3/24/09, 3:58 pm

Re: DWI driver hit my parked car

Yes, you should make a claim against the other driver damaging your parked car. You may include the deductible, any additional collision expenses, and the cost of a rental. If you go to Small Claims Court, be sure and have a certified paid bill, or bring the body shop mechanic to testify. It is possible the DWI driver's insurance company will pay the claim. If not, the DWI driver may be personally liable. Small Claims handles $5,000 or less. Best, M. E. Zuller

Read more
Answered on 3/24/09, 3:58 pm

Re: DWI driver hit my parked car

Yes, you should make a claim against the other driver damaging your parked car. You may include the deductible, any additional collision expenses, and the cost of a rental. If you go to Small Claims Court, be sure and have a certified paid bill, or bring the body shop mechanic to testify. It is possible the DWI driver's insurance company will pay the claim. If not, the DWI driver may be personally liable. Small Claims handles $5,000 or less. Best, M. E. Zuller

Read more
Answered on 3/24/09, 3:58 pm


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