should I get legal advice if my son was hit by a drunk driver and didn’t recive injury but his truck was totaled

My son was pulling out of a drive way
eased out a little more to look right
before pulling out and saw a vechhile
coming he went to back up and before
he could he was hit.The person driving
the truck didn’t see him and struck
him.The driver was drunk and under
age and fleed the scene had to be
brought back was arrest for dui and
fleeing the scence.

Asked on April 27, 2017 under Accident Law, Florida

Answers:

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

Answered 3 years ago | Contributor

Your son's only recourse is to sue the drunk driver for negligence since the at-fault party is not responding to the insurance company.  Your son's damages (monetary compensation he is seeking in the lawsuit) would be the value of his vehicle.
If your son is a minor, you will need to be appointed guardian ad litem to file a lawsuit on his behalf because a minor cannot file a lawsuit himself.
After obtaining a court judgment against the drunk driver, the judgment can be enforced with a wage garnishment.  Since the drunk driver is under age, if he is a minor, his parents can be sued and should be named as defendants in the lawsuit.
You may have difficulty finding an attorney to represent your son because your son was not injured in the accident.


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