Drunk totaled my car ...

[nwpassage]

What is the name of your state (only U.S. law)? Washington State

Hello,

My car was parked on the street in front of my house. A drunk slammed into the rear of it thrusting it into a telephone pole. The drunk had insurance. My insurance company paid quickly and GAP paid slowly. After all was said and done I was left with a balance just over $1000 on this loan. Can I go after the drunk for this balance? Can I file in small claims or should I have a lawyer prepare a claim for me? Thank you!!!

 

[seniorjudge]

Can I go after the drunk for this balance? Can I file in small claims or should I have a lawyer prepare a claim for me?

Yes, yes, and yes.

 

[nwpassage]

Would it be beneficial to contact the drunk's insurance company? Would they pay?

 

[seniorjudge]

Would it be beneficial to contact the drunk's insurance company? Would they pay?

Ask the drunk's insurance carrier.

 

[ecmst12]

Absolutely NOT. The drunk's insurance is responsible for the value of your vehicle and not a penny more. You being upside down on your loan has nothing to do with the accident and has no bearing on the driver's liability. Your insurance company will pursiue his for reimbursement of everything they paid plus your deductible if it was applied. Anything tlse is on you.