Drunk driver hit my parked car, will i have to pay my deductible, or will his insurance?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Nov 4, 2015

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Insurance Question from Orange, CA

Asked on 11/04/2015

Drunk driver hit my parked car, will i have to pay my deductible, or will his insurance? here are the facts:the drunk driver was the only person in either of the carsthe drunk driver blew a .20, and was arrestedHe claims he has insurance, but did not provide it to the Sheriffs on the night ofMy Insurance is currently assessing the damage, I am guessing that it will be considered a "total loss" based on what i sawI have a BIG deductible, $2500here are my questions:1. because I am not at-fault, will I have to pay my deductible, or will his insurance cover it?2. in the event that I do have to pay my deductible, am I entitled to suing him to cover any costs?

Answer given on November 04, 2015

If your parked car is struck by another driver, drunk or not, his insurance should pay for the damages, or the actual cash value of the car if it is considered a total loss.If the driver does not have insurance, you will need to go to your insurance company and have them determine if it is a total loss and offer a settlement or to pay for the repairs to your car. The deductible will probably apply. However,if you have “uninsured motorist property damage” on your car, this will cover your deductible, or part of the deductible. Talk to the adjuster about this. Sometimes the higher deductible, such as yours being $2500, they will only cover $1,000. If your insurance company does pay for the damages, they will attempt to subrogate against the other driver to be reimbursed for what they paid out. If they are successful, and get the full amount of insurance, you will get any remaining deductible back.

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