DUI Collision

[Crash]

Oklahoma
I was recently rear ended by a driver sited later for following too close and DUI. The other driver’s blood alcohol concentration was 0.19%. I committed no improper action. The insurance company is paying to repair my car but is making me fight for every little part repaired or replaced. Is it unreasonable to be compensated for the depreciation in value of my car due to the collision? Also, is their any recourse for the other driver’s negligence? Also, if anyone can elaborate, what is the difference between Driving Under the Influence and Driving While Intoxicated? Thanks in advance for your help!

 

[lawrat]

DWI and DUI is essentially same thing I believe. Called different name in various jurisdictions.

As far as your car is concerned you usually get the lesser of
(COst to replace car)
OR

(Repair or loss of value)

Hope this helps.

 

[Crash]

Lawrat, thanks for your reply. Is there any recourse for me due to the other driver's negligence? After all, this was no accident, the other driver made a choice to drive while under the influence, that choice cost me time and stress! Just exploring my options.

 

[Lianne]

Crash, you can file a Diminished Value claim for the loss of value on your car. File it with the other guy's insurance, since he was at fault. The Diminished Value claim is handled after the car has been repaired. You can get Diminished Value for insurance-related loss of value, repair-related loss of value, or just plain inherent loss of value (the car is worth less now that it's been in an accident -- even if it was repaired properly). You can get more information on Diminished Value from www.directdv.com. Good luck!
Lianne

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Crash:
Lawrat, thanks for your reply. Is there any recourse for me due to the other driver's negligence? After all, this was no accident, the other driver made a choice to drive while under the influence, that choice cost me time and stress! Just exploring my options.<HR></BLOCKQUOTE>

My response:

It's too bad this didn't happen (since it did happen) in California. The State Supreme Court said basically the same thing as you, and allowed Plaintiffs to make a claim for punitive damages, on top of general and actual damages.

IAAL



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[Crash]

Thank you all for your replies, Lianne, yours was especially helpful! Thanks again to all.

 

[ghaggin]

Suggest you take advice of dimished value. I have been through it and just settled for $16,500. Do a search under my name ghaggin on this site to get most of the info, it is worth the time.