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Hit by drunk driver while living in my parked car.

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jimweda

Junior Member
Hit by drunk driver while living in my parked car

Me: 58,homeless vet living in my parked car. Registered but no insurance. Waiting for approval from VA for living assistance.

Drunk driver slams into vehicle parked behind me. That car hits me sending my car approximately 2 car lengths into a parked SUV bringing my car to a stop.

Drunk driver arrested. Has 2013 Honda with insurance but do not know how much coverage.

Because I had no insurance do I not have a case, does it depend on his coverage and how much he has to pay first vehicle before I can go after any compensation or can I file claim through parked vehicle that hit mine although not at fault.

Reason for last option was because when I was in my late 20's I was involved in an accident where there were about 5 cars rear ending each other and each car went after the one behind even though it was the fault of the first car.

Any helpful information would be greatly appreciated. Thanks in advance.
 

Just Blue

Senior Member
Me: 58,homeless vet living in my parked car. Registered but no insurance. Waiting for approval from VA for living assistance.

Drunk driver slams into vehicle parked behind me. That car hits me sending my car approximately 2 car lengths into a parked SUV bringing my car to a stop.

Drunk driver arrested. Has 2013 Honda with insurance but do not know how much coverage.

Because I had no insurance do I not have a case, does it depend on his coverage and how much he has to pay first vehicle before I can go after any compensation or can I file claim through parked vehicle that hit mine although not at fault.

Reason for last option was because when I was in my late 20's I was involved in an accident where there were about 5 cars rear ending each other and each car went after the one behind even though it was the fault of the first car.

Any helpful information would be greatly appreciated. Thanks in advance.
What is the name of your state?
 

Taxing Matters

Overtaxed Member
Any helpful information would be greatly appreciated. Thanks in advance.
The applicable state law matters. In most states you would sue the drunk driver. If you win his/her insurance company will pay you the judgment amount up to the policy limit. If the judgment exceeds the policy limit then you have to try collecting the extra amount over the policy limit directly from the assets of the drunk driver. In states that run a no fault insurance system you would simply make the claim on your insurance.

Either way, you won’t get anything from the owner of the middle car in the wreck unless perhaps the car was illegally parked AND you can prove that the car being illegally parked was a proximate cause of the wreck. If the car was properly parked then the owner of that car was not negligent and therefore owes you nothing.
 

Zigner

Senior Member, Non-Attorney
Me: 58,homeless vet living in my parked car. Registered but no insurance. Waiting for approval from VA for living assistance.

Drunk driver slams into vehicle parked behind me. That car hits me sending my car approximately 2 car lengths into a parked SUV bringing my car to a stop.

Drunk driver arrested. Has 2013 Honda with insurance but do not know how much coverage.

Because I had no insurance do I not have a case, does it depend on his coverage and how much he has to pay first vehicle before I can go after any compensation or can I file claim through parked vehicle that hit mine although not at fault.
The owner of the vehicle that was pushed in to you has no liability in this matter. You would go after the driver that caused the accident.

Reason for last option was because when I was in my late 20's I was involved in an accident where there were about 5 cars rear ending each other and each car went after the one behind even though it was the fault of the first car.
If each car in your accident was pushed in to the next based on the force of the first collision, then only the driver that caused the first collision had any liability.

Any helpful information would be greatly appreciated. Thanks in advance.
I hope you are able to recover from the drunk driver. Thank you for your service and I'm sorry that this happened to you.
 

jimweda

Junior Member
Thank you for your response Taxing Matters. Yeah, I just had a feeling because of the horrible luck I've been having this last year I was going to get the screws on this.

As previously stated in the 5 car each went after the person behind to settle their claims.

The fact that a drunk driver can get away from putting my life back to where it was is what unnerves me the most. Sure homeless, what a great place to be but now because of the accident I get to move on to the streets literally.

I do construction/handyman work and my tools were in the trunk. Looks like a job change is in whatever future lays ahead.
 

Zigner

Senior Member, Non-Attorney
As previously stated in the 5 car each went after the person behind to settle their claims.
I was in a rear-end accident in which I was pushed in to the car in front of me. The driver of the car in front of me came to me and I said "nope - talk to the guy who pushed me in to you." I never heard another word from the driver I was pushed in to because I had no liability.
 

jimweda

Junior Member
Thank you for your response Zigner. We all in some way contribute to the freedoms of this country whether military service or janitorial service which is why I am grateful to all I meet on my journey.

I'm going to have a rough time trying to figure out this life lesson but I don't seem to have much choice. Thanks again for your words and I hope this works out for the drunk driver as well.
 

jimweda

Junior Member
I was in a rear-end accident in which I was pushed in to the car in front of me. The driver of the car in front of me came to me and I said "nope - talk to the guy who pushed me in to you." I never heard another word from the driver I was pushed in to because I had no liability.
This was the weird part for me on the 5 car. I was the last car in line and was the only one to file against the first car who caused the whole thing with negligence and because tried to lie won my claim.

I didn't sue for money, I just wanted my car fixed which they did.

Same with this incident, I just want my car fixed, my tools and medical since I am injured. This is not a lottery ticket for me. I would just like to be able to work when it's available.

I appreciate you sharing your experience. This is therapeutic if nothing else.
 

Zigner

Senior Member, Non-Attorney
This was the weird part for me on the 5 car. I was the last car in line and was the only one to file against the first car who caused the whole thing with negligence and because tried to lie won my claim.

I didn't sue for money, I just wanted my car fixed which they did.

Same with this incident, I just want my car fixed, my tools and medical since I am injured. This is not a lottery ticket for me. I would just like to be able to work when it's available.

I appreciate you sharing your experience. This is therapeutic if nothing else.
I again wish you the best during this process for you. I really hope it comes together as quickly and as smoothly as possible.
 

Just Blue

Senior Member
This was the weird part for me on the 5 car. I was the last car in line and was the only one to file against the first car who caused the whole thing with negligence and because tried to lie won my claim.

I didn't sue for money, I just wanted my car fixed which they did.

Same with this incident, I just want my car fixed, my tools and medical since I am injured. This is not a lottery ticket for me. I would just like to be able to work when it's available.

I appreciate you sharing your experience. This is therapeutic if nothing else.
You seem to be a gracious and very kind person....I really hope things work out for you. I too Thank You for your service.
 

Eekamouse

Senior Member
This was the weird part for me on the 5 car. I was the last car in line and was the only one to file against the first car who caused the whole thing with negligence and because tried to lie won my claim.

I didn't sue for money, I just wanted my car fixed which they did.

Same with this incident, I just want my car fixed, my tools and medical since I am injured. This is not a lottery ticket for me. I would just like to be able to work when it's available.

I appreciate you sharing your experience. This is therapeutic if nothing else.
Did this happen in San Diego? I think I read about this accident. Just curious.
 

jimweda

Junior Member
You seem to be a gracious and very kind person....I really hope things work out for you. I too Thank You for your service.
I appreciate your kind words and thanks. I am the product of a mother who loved unconditionally all living things. Far from being like her, I keep her memories alive through my gestures even when I find hesitations or difficulties in what I'm presented with.

I still have hope and believe in the saying of "inherently, we as humans are good" otherwise I would have nothing to hold on to.

Two things I try to live by:

One person, possibly changed by a kind gesture, no matter how small, is a generation closer to a more caring and loving existence.

When irritated by anothers actions I try to keep in mind that this person could just be having a bad day. The loss of a loved one, losing a job, broken relationships would lead me into a temporary loss of consideration for others.

Enough of my babbling. I apologize to all in the forum and the OP. Oh wait, I'm the OP here! (okay, well it was funnier in my head)

Thanks for all the great replies.
 

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