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Parked cars hit by Drunk

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vaughnvconey

Junior Member
A guy hit my 91 Cadillac Brougham and my 96 Chevy Lumina on 01/28/06 in Chicago. They were parked in front of my apartment on the city street. After he hit my cars he crashed into a tree and walked off. I caught him in an alley and held him for the cops. He gets arrested DUI, open containers in the car, hit and run etc. He has no lisence, and was driving a borrowed car that was insured. The owners insurance company United Auto told my wife today they were not going to give me anything, because the drunk driver is not covered on the Liability ins. My cars were not insured and not being operated at the time. How do I go about getting my cars fixed? What would I gain By suing A drunk that is in jail? How can an insurance company not pay for cars that are insured by them. Please excuse my ignorance, but this is a big shock to me. I just want my cars fixed. damage is 3500 on caddy and less damage to the lumina. I don't know what to do ????
 


Sue both Owner and Driver

Take both the owner and driver to court. Sue the owner for damages caused by her negligent entrustment of her vehicle. She can go after her insurance for them to pay her... to pay you. Most policies have clauses that disavows any liability for drunk driving. Also sue her for criminal trespass on an agency theory (I'm not sure of this one, but your attorney will advise you on it) - driver was her agent... this has a lot of sub-issues you'll need to prove, but might work.

Sue the driver for criminal trespass to your chattel (your car).... the trespass being the damaged that he caused. Watch his case of DWI. If he pleads guilty, some courts will allow this evidence to be presented in a civil suit. Get a copy of the police accident report.

Check your renter's insurance as to if any of the damage can be paid for (renter's insurance covers various things that you'd never expect it to, so it doesn't hurt to ask).

Likely, you'll have to recover the money from the owner and then the owner will sue the driver. Good luck!
 

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