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Totaled by a Drunk Driver

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justaful

Junior Member
What is the name of your state (only U.S. law)? Canton, GA.
On Dec 19th, my daughters were hit headon by a drunk driver. My trailblazer was totaled, but the girls walked away with some back and neck pain, but really nothing major. My questions are: I am upside down and will owe almost 15k, once we take the insurance companies settlement for my truck. I have an attorney that has taken on the injuries side of the accident for both children.
I need to know if I can sue the driver for the amount that I am out, since he totaled my car. I am also out of pocket for a rental car to the tune of 600+ dollars and time for my wife and i away from work.
Do punitive damages come to play, since he drove while under the influence?
I am looking to file in small claims court for 15k and move forward from there. Do you recommend that I hire an attorney or go to a mediator and reslove this from there. thanks for any help you can give.
jerryWhat is the name of your state (only U.S. law)?
 


ecmst12

Senior Member
You are not, under any circumstances, owed more then the value of your vehicle. Your loan amount is irrelevent to the claim. It is highly unlikely that punitive damages will come into play with minor injuries only. It is practically certain that they will not even be entertained for a property damage claim. You should have had gap insurance.
 

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