What are my rights if an unlicensed uninsured drunk driver totaled my parked car while driving his friend’s car?

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What are my rights if an unlicensed uninsured drunk driver totaled my parked car while driving his friend’s car?

I didn’t have collision coverage. If the cars owner has insurance they pay the value of my car/towing/storage fees. If not I pay and the drunk driver pays for nothing?

Asked on April 16, 2015 under Accident Law, Pennsylvania

Answers:

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

Answered 6 years ago | Contributor

The registered owner of the vehicle the drunk was driving is liable for the damage to your car.  If the registered owner had insurance, you can file a claim against his insurance company for the value of your car.

If the registered owner of that vehicle did not have insurance, and you have uninsured motorist coverage, you can file an uninsured motorist claim through your insurance company to receive compensation for the value of your car.

If the registered owner of the at-fault vehicle did not have insurance and you don't have uninsured motorist coverage, your only recourse is to sue the registered owner and the drunk driver for negligence.  Your damages (the amount of compensation you are seeking in your lawsuit) would be the value of your car.


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