Legal Question in DUI Law in Pennsylvania

Dui hit & Run

On Dec 14 about 12-1am my car was parked in my apartment complex. I heard a loud crash and went to look. My car was hit in the rear and totaled. The police ended up catching him down the road because he crashed into the tree. My car was paid for now I have to buy a new car. Once I get the police report, can I sue this guy in a civil case and recover any kind of damages such as pain and suffering since this was a big inconvience where I had to quickly buy a car and the fact that I have to start car note payments again considering a car note is a bill that I didn't have to worry about. I should be able to recover something by suing him in a civil case.


Asked on 1/05/09, 11:04 pm

2 Answers from Attorneys
Daniel Cevallos Cevallos & Wong, LLP

Re: Dui hit & Run

No. You're really not going to be able to maintain a negligence action against someone for emotional damages based upon a car that you weren't IN. Sorry for the bad news. You should be able to bring a cause of action for the value of the car.

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Answered on 1/05/09, 11:09 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Dui hit & Run

You can sue for the value of the car, but there is no "pain and suffering" in your case. The value of the car is the blue book value.

The insurance should pay you for the blue book value of the car, so it is really the insurance company's problem to go after the person to reimburse them.

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Answered on 1/06/09, 10:51 am


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