What are our rights to reimbursement if a drunk driver crashed into our gate and caused damage to it?

We made the mistake of not calling the police and not taking pictures of the damaged gate. The man now refuses to pay for the damaged gate that we paid to have repaired on the grounds that we are asking for too much money although we showed him the receipt. What can we do?

Asked on February 6, 2016 under Criminal Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the drunk driver has auto insurance, you should file a property damage claim with his auto insurance carrier.
If the drunk driver does NOT have auto insurance, your only recourse is to sue him for negligence.  Your damages (monetary compensation you are seeking in your lawsuit for negligence) would be the cost of repairs to your gate.


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