is it worth my money to go after drunk driver that totaled my vehicle

UPDATED: Oct 2, 2022

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is it worth my money to go after drunk driver that totaled my vehicle

we were rear ended by drunk driver i assume she couldn’t pass roadside and
was arrested my vehicle is probably totaled pending . its a ’99 chevy s10
2wd, it has 201,000 miles on it. obviously i won’t get that much but its worth
more. i took very good care of it, changed oil every 3000 mi., it has newly
rebuilt beefed up tranny my mechanic said will last forever with maintanance,
new front rotors, pads. in all it ran great and was is excellent mechanical
condition. can u give me any advice as to my options please?

Asked on September 30, 2019 under Accident Law, Colorado


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

Answered 3 years ago | Contributor

If the case is settled with the drunk driver's insurance company, no lawsuit is filed.
If you are dissatisfied with settlement offers from the drunk driver's insurance company, reject the settlement offers and file a lawsuit for negligence against the drunk driver.
Your damages (monetary compensation you are seeking in your lawsuit) would be the value of your vehicle.
A monetary judgment in your favor can be enforced with a wage garnishment.
Upon prevailing in the case, you can recover court costs, which include the court filing fee and process server fee.
Since you did not mention it, I assume that you were not injured in the accident.

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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