Can I sue the girl who totaled my unoccupied car while on her cell phone and drunk?

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Can I sue the girl who totaled my unoccupied car while on her cell phone and drunk?

Approximately2 weeks ago, a girl,who was on her cell phone hit 2 of my parked, unoccupied cars. She was arrested on the scene for DWI. My husband’s car had full coverage and is being fixed for about $4000. My car, 8 years old, was totaled. Unfortunately, I had just removed full coverage from my car due to financial reasons. The problem I’m having is that I bought my car brand new, it was well maintained, full tank of gas, no car payment. Now I believed my husband and I are going to get the short end of the deal because, we have a large car payment on his van.

Asked on June 12, 2012 under Accident Law, New York

Answers:

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

Answered 9 years ago | Contributor

You can sue the girl who hit your car for negligence.  After getting a court judgment against her, you can enforce the judgment with a wage garnishment.

Prior to filing a lawsuit, if she has insurance, you can file a property damage claim with her insurance company.  If you are dissatisfied with the settlement offers from her insurance company, reject the settlement offers and file your lawsuit for negligence. 


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