What is my 16 year old son entitled to if he was hit by a drunk driver who swerved into his lane causing significant damage to his truck and causing him some injuries?

The girl was arrested for DUI and Hit and Run, as she did not stop at the scene. We obtained a police report stating she was the proximate cause of the collision. He has some pain and tightness in his neck and lower back. We filed a claim with the insurance company. We have liability and uninsured motorists in our policy. The girl who hit my son has a suspended license and no insurance. We will have to go through our insured motorists. What is my son entitled to since the drunk driver was 100% at fault? Pain and suffering? Full repairs to his vehicle?

Asked on September 16, 2015 under Accident Law, California

Answers:

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

Answered 5 years ago | Contributor

The property damage cost of repairs to your son's car can be settled immediately through your uninsured motorist claim with your auto insurance company.
The property damage claim is separate from the personal injury claim.
When your son completes his medical treatment and is released by the doctor or is declared by the doctor to be permanent and stationary, which means having reached a point in his medical treatment where no further improvement is anticipated, obtain his medical bills and medical reports.  His personal injury claim  uninsured motorist claim filed with your auto insurance company should include those items.
Compensation for the medical bills is straight reimbursement.
The medical reports will document the nature and extent of his injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.


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