Loss of Ability to Drive from Residence / Loss of Time

DUI driver knocked over street light pole. DUI driver continued to hit objects in my yard and 3 other yards. My driveway was physically entirely blocked by broken off street light pole. In addition the police detained me for obtaining report as I witnessed the entire ordeal. The police also blocked off our street due to the downed street light pole and debris on the road. As I had plans for the evening and was unable to drive from my residence nor sleep the entire night, would I be available to file a claim with DUI driver’s automobile insurance company for my loss? If you say compensation could not be claimed through automobile insurance company, could I take the driver to small claims court or other?

Asked on March 5, 2017 under Accident Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no compensation for "loss of time" or "loss of ability to drive"--the law simply does not provide compensation for these things. Inconvenience, disruption to your life, lack of sleep etc. are not things that you get money for. Unless you can show an actual concrete economic or monetary loss (such as lost wages from not being able to get to work), you will not be able to successfully pursue a claim (e.g. sue) for this. The property damage which you have evidently already been paid for is the only thing you can get compensation for.


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