Drunk Driver Strikes

[Wintergypsy]

What is the name of your state? PA

Does anyone know if we have any rights on dealing with a drunk driver hitting my parked car? We are all relieved that no one was hurt, but this accident has caused a lot of problems for my family.

The car was totaled and it was not a great car, looked awful but ran great. My son was using it to go to work and wanted to wait for a year or two before he took on car payments. This car was running like a top and my mechanic said that it would
last at least another year.

The insurance company gave us $1,300.00 for the car and now my son will have to get a second job to pay for a car loan. The $1,300 for a car does not pay for a reliable car like the one we used to have.

Now here is my question, can we sue him personally for the balance my son will have to pay for another used car?

It really makes me angry to think this idiot gets drunk and totals our car, but because he has insurance, they take care of it all and he's taken care of. My son has to take on a car loan and work a second job. Did I mention he is a Marine with PTSD trying to get his life back on track and now this.

Any suggestions will be helpful.

Thank you.

Wintergypsy

 

[racer72]

Now here is my question, can we sue him personally for the balance my son will have to pay for another used car?

Remember the paperwork you signed when the insurance company paid the $1300? That is called a release, it means you cannot hold the driver nor the insurance company liable for any other losses. You were only entitled to the fair market value of the vehicle, not a penny more.

 

[Zigner]

A car that a mechanic gives "at least a year" is not a car that is "running like a top".

Use the $1,300 on a down payment for a more reliable car....

 

[gawm]

It really makes me angry to think this idiot gets drunk and totals our car, but because he has insurance, they take care of it all and he's taken care of.

Would you rather him not have had insurance?

 

[ecmst12]

Even if you had not signed a release, you couldn't hold the driver responsible for more than the actual cash value of the destroyed car. You should be thankful that the driver HAD insurance, lots of drunk drivers don't!