What are my rights if a possible drunk driver hit 2 of my cars in my driveway 2 nights ago while I was sleeping?

The police arrested the suspect and charged them. I am now renting 2 cars while they are in the shop. I have insurance but my insurer wants me to pay my deductible and pay for my rental cars for about 2 weeks. I just want to make sure I am not getting screwed.

Asked on November 4, 2013 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Insurance is a contract: the insurer must pay those things, and only those things, that the insurance policy obligates him to pay. Review your policy to see if the insurer is providing you the coverage you paid for; if not, you could sue the insurer, if necessary, to get the coverage to which you are entitled.

You may sue the drunk driver, such as in small claims court, for any out-of-pocket losses (e.g. your deductibles; unreimbursed rental costs) you have incurred, since a DUI driver would almost certainly be considered to have been at fault.


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