What are our rights?

My son was rear ended on 9/8/17 by a driver who we believed to be drunk. The
police were called but took a long time to get there. The other driver left the
scene of the accident. We had his info though. He was not issued any tickets or
anything. My sons car is totaled. This guy was going a lot faster than he should
have been. Now my son is left with no vehicle and no money to put on a new
vehicle. He only had that car for six months and put everything into. What can we
recover? Can we sue the other driver for damages left over?

Asked on September 26, 2017 under Accident Law, New York


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

Answered 3 years ago | Contributor

If the other driver had insurance and the settlement offer on your son's car is insufficient, reject the settlement offer and file a lawsuit for negligence against the at-fault party.  Damages (monetary compensation you are seeking in the lawsuit) would be for the value of your son's car.
If your son is a minor, you will need to be appointed guardian ad litem to file a lawsuit on his behalf.

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