If I was inside my parked car with my friend with no seatbelts on and then a drunk driver hit us, what will happen if we take legal action?

We had no seatbelts on because we were about to get out. My car was totaled in the process.

Asked on November 5, 2014 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You don't have to have seatbelts on while parked, so that will not count against you. Since your car was not in motion, the driver who hit was, essentially by definition, at fault in causing the accident--to say nothing of his or her liabilty for being DUI. If you sue, you would seem to have an excellent chance of recoving compensation for the loss of your car and any injuries, though whether you will be able to actually receive compensation depends on whether the other driver had insurance or, if not, has the income and/or asserts to pay any judgment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.