Drunk uninsured Driver hit my business, what can I do?

UPDATED: Sep 30, 2022

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Drunk uninsured Driver hit my business, what can I do?

Drun and uninsured driver crashed into
my business. In the process of this, I
found my insurance company has been
insuring my property incorrectly the
past 8 years, and that because it is
insured and a dwelling and not a
business property, they won’t cover
it…. what do I do?

Asked on August 18, 2016 under Accident Law, Iowa


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

Answered 6 years ago | Contributor

You can sue the drunk driver for negligence.  Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your business, lost income and any other costs incurred that were caused by the drunk driver.
As for the problem with your insurance company insuring as a dwelling and not a business and now refusing coverage, it would be advisable to contact the insurance commissioner in your state.
You should also consider suing your insurance company for negligence if the insurance commissioner is unable to resolve the issue to your satisfaction.
Negligence is the failure to exercise due care (that degree of care that a reasonable insurance company would have exercised under the same or similar circumstances to prevent foreseeable harm).

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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