Drunk driver crashed into our house

[masopa]

What is the name of your state? WI

About 3 weeks ago a drunk driver crashed into our home at 1:30 am. He drove through the outer wall of our garage, through the garage and through the wall into a our kitchen. He ran from the crash, leaving his smoking car in our kitchen. All of our appliances have been destroyed and our kitchen and garage are unusable.

Following the crash I took two days off of work in order to clean up the mess.

Since the crash, we have spent nearly every waking moment that we are not working, trying to get our house in order. No progress has been made on the house as we are waiting for insurance estimates and bids. It looks like the majority of our summer is going to be spent with contractors and builders in and out of our house. Summer travel plans have been canceled. Our children are upset by all of this. They have been acting out in frustration and not sleeping at night. They jump at every small crashing noise.

First question, can we make any sort of claim to be reimbursed for missed work? I don't feel I should have to use up my little vacation time to make up for missed work due to the drunk driver's actions. Our homeowners' insurance said that is not something they do under a homeowners' policy.

Second question, is there any way to receive pain and suffering damages because of all this? Would that be through insurance or would we have to sue?

Thanks for any and all help.

 

[Zigner]

Are your children in therapy due to this?

 

[masopa]

Working on getting into therapy. Waiting on a call back from the therapist to schedule something sooner than 2 months out. This is a therapist they already have a rapport with.

 

[adjusterjack]

First question, can we make any sort of claim to be reimbursed for missed work? I don't feel I should have to use up my little vacation time to make up for missed work due to the drunk driver's actions.

Doubtful, but you can certainly make it part of your claim against the drunk's insurance.

Our homeowners' insurance said that is not something they do under a homeowners' policy.

That's correct.

Second question, is there any way to receive pain and suffering damages because of all this? Would that be through insurance or would we have to sue?

Wisconsin courts appear to allow compensation for "negligent infliction of emotional distress" according to the Wisconsin Law Journal.

https://wislawjournal.com/2006/08/02/emotional-distress-claim-viable/

Just understand that the burden of proof is high and that the drunk's insurance company is almost guaranteed to shrug it off so you most likely will have to sue for it.

 

[HRZ]

In my limited experience / observations elsewhere are that if you stay home 5 days to clean up mess after an accident that's unlikely to be recoverable as a "cost" ...but if you hire a remediation contractor to do the same clean up....far better odds to recover same ..
...hopefully the driver/car owner are adaquately nsured .