What can I get if I was at a stop light and was rear-ended very hard by a drunk driver?

Right after 2 witnesses ran up and said that they saw everything and that they fallowed the guy from 5 lights down and could tell he was drunk and saw him drive recklessly. They said they would testify if I wanted. My neck is sort of hurt but just from whiplash and my car is totaled. The driver was taken into custody and I found out it was his second offense for driving under the influence. My car is only probably worth like $1000. Is there any way I could get more than that to get a new car?

Asked on August 16, 2014 under Accident Law, Oregon


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is your car replacement based on the lower of the estimate to repair, the cost of replacement or value at the time of the accident.   You are also entitled to pain and suffering for the damage to you and your medical bills as well.

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