What is the name of your state? North Carolina. A person hit our parked car - they were later arrested - DUI a number of other traffic citations including hit and run. The car has now been totaled by their insurance company. Do I have any rights to reclaim more than their low end replacement offer? We have to find a replacement vehicle, pay sales tax, research a new loan, etc. If yes - who pays - the insurance co or the person who hit our car?