Compensation for the actions of a Drunk Driver
The other night I struck a reckless and drunk driver who decided to run a red light as I was going through the green of an intersection. I only suffered from minor injuries while my passenger had some minor back pains. So, here's my question, I know my car is more than likely dead, and I know that the most I can receive in compensation is what my car is worth, but I wanna know do I have a case in sueing this individual for the damages he has done cause of his reckless and drunk driving because now I am without a car, which I mainly used for transporting myself to work, and I am in no position to buying another one? help?
1 Answer from Attorneys
Re: Compensation for the actions of a Drunk Driver
Yes you can sue the drunk driver and recover not only the fair market value of your vehicle,
but also the cost of renting or leasing interim transportation until you receive a payoff for the your wrecked vehicle. Remember, if his insurance company pays first, and you then recover an amount for your vehicle from the driver, the
insurance carrier is subrogated(meaning they can claim) an amount of your recovery up to the sum that they first paid to you. You are not permitted to recover twice for the same damages.
Since you, apparently, were not injured and, therefore, had no out of pocket medical expenses,
your suable damages would then be limited to the fair market value of your vehicle and your costs of renting or leasing interim transportation.
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