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  1. #1

    Default Who is Liable for an Accident Caused by a Drunk Driver

    My question involves criminal law for the state of: ca

    Last Night I was driving my friend. Home and going regular speed level of 45 a car ran a red light basically a Hit and run I. Got out the car and chased him down. On foot someone seen me and gave me a ride to chase him down we finally caught him and. I called the police there was a passenger in the car with me he stayed where my car got wrecked. So the driver ran a red light and was drunk he went to jail but come to find out he has no insurance and a suspended license its his moms car.

    I have regular liability. Insurance
    Property dame 10,000
    Bodily damage 15,000 30,000

    What do I do. What can I sue him for do I have a case

  2. #2
    Join Date
    Sep 2010
    Posts
    18,904

    Default Re: Drunk Driver Suspended License No Insurance Runs a Red Light Hit and Run

    Your minimal coverage only covers damage you cause to others.

    Did the car OWNER have insurance? Just because the driver didn't doesn't mean there's no coverage there.

    Sure you can sue him, but absent insurance it may be hard to collect a judgement.

  3. #3

    Default Re: Drunk Driver Suspended License No Insurance Runs a Red Light Hit and Run

    He has full coverage. I will be calling his insurance company tomorrow. I need a rental
    To
    Get to work. I. Did have to got to the hospital for pain in my Lower back. And elbow

    - - - Updated - - -

    Also I do have uninsured motorists

  4. #4

    Default Re: Drunk Driver Suspended License No Insurance Runs a Red Light Hit and Run

    Report the accident to your insurance company. Also report it to the insurance company of the other car. You might also consider seeking the help of a personal injury attorney. Typically people represented by an attorney receive higher settlements, even after the attorney's fee, than they receive when settling with the adjuster on their own.

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,303

    Default Re: Drunk Driver Suspended License No Insurance Runs a Red Light Hit and Run

    Typically people represented by an attorney receive higher settlements, even after the attorney's fee, than they receive when settling with the adjuster on their own.
    Concur. Additionally, having an attorney will save you a lot of time and aggravation. You go on about your regular life while your attorney handles all the nonsense associated with the accident.

  6. #6
    Join Date
    Mar 2013
    Posts
    16,747

    Default Re: Drunk Driver Suspended License No Insurance Runs a Red Light Hit and Run

    Quote Quoting Torreyun Wood
    View Post
    I need a rental To Get to work.
    Then get one. The other insurance company might or might not approve it at this point. If it doesn't you'll have to pay out of pocket and seek reimbursement later so get the cheapest possible rental and ask for insurance rates.

    Quote Quoting Torreyun Wood
    View Post
    I. Did have to got to the hospital for pain in my Lower back. And elbow
    There's no requirement that you go immediately from the scene of the accident to the hospital if you are ambulatory. However, you should start medical treatment for the injuries right now.

    Quote Quoting Torreyun Wood
    View Post
    Also I do have uninsured motorists
    It would be Underinsured Motorists coverage if the other car's liability limits weren't enough to cover your injury claim.

    While it's never a bad idea to consult an attorney, you might consider deferring it a bit. You can always hire one later if you have to. At the moment I'm guessing you have some soft tissue aches and pains that might resolve in a few weeks or just a couple of months in which case your injury claim won't be worth much money.

    It's not always the case that an attorney gets more money. On small claims attorneys want a quick payday without going to court. When I was a liability claim rep I used to offer the same amounts I would offer individuals who didn't have a lawyer. Invariably, the lawyers settled.

    If you like, I can guide you through the injury claim process but, meantime, get yourself treated. Treatment is likely to consist of mild pain medication and muscle relaxers and maybe a few sessions of physical therapy if things persist for more than a few weeks.

    With or without a lawyer you won't be getting any injury money until you are fully recovered so there's really no hassle about it until then.

    Come back to this thread and report your progress with the other owner's insurance company.

  7. #7

    Default Re: Drunk Driver Suspended License No Insurance Runs a Red Light Hit and Run

    Four possibilities:

    1. Whether the driver had any insurance or not. I am reading different statements about this.

    2. Whether you have any UI coverage. Apparently not.

    3. Whether the owner of the vehicle had insurance.

    4. You may also be able to recover some money from the vehicle owner, and there may be liability for letting her unlicensed, uninsured, drunk son take her car. It could implicate her homeowner's policy, if she has one. It is also unknown what assets the driver and his mother have, separate from insurance, which can make you whole.

    All of these issues need to be investigated.

  8. #8

    Default Re: Drunk Driver Suspended License No Insurance Runs a Red Light Hit and Run

    So I just been informed the driver has. Insurance Full coverage my job is 30 minutes away because my car is totaled I can't. Get to work I don't have money for a Rental or none of that they want get started with this until Monday he is in jail right now so my lawyer had to make the claim with his insurance. But it sucks because my money is real tight and I'm behind on my other bills and etc I can't do anything now that I'm not mobile just stressed out

  9. #9

    Default Re: Drunk Driver Suspended License No Insurance Runs a Red Light Hit and Run

    Quote Quoting adjusterjack
    View Post


    It's not always the case that an attorney gets more money. On small claims attorneys want a quick payday without going to court. When I was a liability claim rep I used to offer the same amounts I would offer individuals who didn't have a lawyer. Invariably, the lawyers settled.
    There's a 1999 study by the Insurance Research Counsel that showed average settlements obtained by unrepresented individuals was $3,262 for personal injuries while those with an attorney averaged $11,939. Clearly, most claims are on the smallish side. Where there are larger claims, this dynamic is more pronounced.

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