How can I get money through restitution from DUI?

UPDATED: Oct 2, 2022

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How can I get money through restitution from DUI?

I was in an accident and the driver of the vehicle that hit me was arrested for DUI; they were in a company vehicle. The company stated that since he was off the clock they are not liable. My insurer totaled my car and is charging me my deductible. I am now out my car, my deductible and have to get into another car loan. We were not seriously injured so we are having a hard time finding a lawyer to take the case. Do you know of

a lawyer to take the case or know how we can get restitution from his dui for money we are out? We have dash cam video of the accident.

Asked on September 22, 2019 under Accident Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The only way to get compensation is to sue the at fault driver--the one driving DUI--in court. If the company/employer owned the car (you call it a company vehicle), you can also sue them: a vehicle's owner is generally liable for the accident caused by those who it allows to use their vehicle, if that person was at fault. (You'd be suing the company as the vehicle's owner, not as his employer; they are correct that an employer is not liable for what an employee does "off the clock.") Both the DUI driver and the vehicle's owner are potentially liable your costs and losses (e.g. the deductible), but you have to sue them and win in court by proving the driver's fault if they will not voluntarily pay.

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 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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