What are our rights?

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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

Answers:

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

Answered 6 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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