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Suing a drunk driver

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Bud111

Junior Member
What is the name of your state? California


My car was hit by a drunk driver. The police said the drivers alcohol level was very much above the legal limit.
I was not driving the car -- my 21 year old daughter was driving it.
Though not physically hurt, she came very close to being killed and now is thinking of suing the drunk driver.
My question: if I accept the insurance money for my damaged car, will this effect my daughter's lawsuit in any way?
 


fcobarr

Member
what were her injuries? Is she under a doctor's care? "Mental anguish"...is she seeing a therapist/psychologist. Has she lost wages?

"reckless endangerment" and "mental anguish" are to vague. Her condition/treatment need to be certified by medical professionals.

Without being injured it will be tough to have a case.

You may want to consult with a lawyer before filing to determine if you have a valid claim.

Good luck.
 

fcobarr

Member
Those costs will probably be recoverable and they will throw a little in for "pain and suffering". Remember, if your auto insurance or health insurance is paying for her treatment, then they will have to be reimbused out of any settlement.

Don't get your hopes up for a large settlement. I would strongly suggest getting a free consult from a few attorney's before proceeding with a suit.

After her treatment is completed she should talk to the other insurance and see what they will offer for settlement. Then, you can compare the offer vs. getting an attorney and giving him 1/3.

Good luck.
 

ecmst12

Senior Member
No, her injury claim (it's still considered BI even though it's not a PHYSICAL injury) will not affect your property damage, and you can safely sign the release to receive your property damage reimbursement without fear of damaging her case, PROVIDED the release is worded properly. The release should specifically state that the other driver/insurance company are being released from further claims for PROPERTY DAMAGE, and should not mention injury or be vague and not specifically state the type of damage you are releasing them from claims about.
 

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