What are my options if my car was parked at totally destroyed by another driver who had no insurance

I had my car and my daughter’s car parked in front of my house. Late at night both cars were struck by an out of state intoxicated driver who had no insurance. My car and my daughter’s car were ‘totaled’ damaged beyond repair. Both cars were unoccupied when struck. What are my options in getting these cars replaced?

Asked on April 15, 2017 under Accident Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

All you can do is sue the other driver: even if he had no insurance, he can be held personally liable (e.g. forced to pay out of pocket) for his clearly negligent act in driving drunk and wrecking your cars. Of course, if he has little or no income or assets, even if you sue him and win, you won't collect any money: a judgment in your favor in a lawsuit does not make money appear where there is none, and you can't collect from insolvent defendants.

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