If my son was hit by a drunk driver and they totaled his car, should I call their insurance company and ask for the blue book value of his car?

And if they don’t, do it tell them that we will go to court because their client was drinking? Or do I need to get an attorney? He did not go to the hospital but his shoulder and jaw was sore. He just had PLPD and is 18 going to college.

Asked on September 16, 2014 under Accident Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can try calling his insurer, but they don't have to speak to you--they are *his* insurer and do not  owe an obligation to you. If neither the insurer nor the drunk driver will voluntarily compensate you, then the way you try to force them to pay is by suing the other driver; if the other driver was DUI, then you would seem to have a very strong case. Whether or not you should get a lawyer depends on what the car's blue book value is (without even having gone to the hospital, you'll not get medical costs or pain and suffering; so all you're looking at is property damage). As a good rule of thumb, if the value is below, at, or even slightly above the limit for small claims court in your state, sue in small claims, acting as you're own attorney; if it's significantly more, higher a lawyer to help you.

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