Parked Car Hit By DWI Driver

[bobpru]

My sons car was parked (about a week ago) and was hit by a drunk driver. The car is totaled, the driver is in jail and we are dealing streight with our insurance company. We have no information on the diver except that he does have insurance. Our insurance co. is going to settle with us then go after the other guy(when they find out more info) for the deductable etc. The question is... I know that we will not receive the TRUE value of the vehicle in the settlement. We spent $2k on repairs a month ago and the SUV was in super condition. How can we get more from this guys insurance? Can we take him to small claims or what?:wallbang:

[Mr. Knowitall]

When you settle with your insurance company, enabling them to pursue the other driver for reimbursement, you subrogate your claim against the other driver to your insurance company. That gives the insurance company the right to sue the other driver, but cuts off any right you have to sue.

I hear all the time, how people don't think that market value for their totaled vehicle is "fair". But unfortunately that's all you get - market value. It's all an insurance company will pay, and it's all a court will award.

Beyond that, laws vary by state, and as you didn't follow the instruction to identify your state it isn't even clear what right you would have to sue the other driver in the first place.