What to do if my car was hit while parked in front of my house the driver did stop cause he totaled his car?

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What to do if my car was hit while parked in front of my house the driver did stop cause he totaled his car?

Now his insurance company says my car is totaled. He was under the influence of something at the time of the accident but by the time the cops got here he kinda sobered up. Neighbors and the firemen noticed he was under the influence of something. When the cops got here they said he looked like he was under the influence of something but its to late now.

Asked on July 15, 2013 under Accident Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If he or his insurer will not voluntarily pay you the then-current value of your car (if it is in fact totalled, or not economically repairable; or the cost to repair if  it is not totalled), then you could sue him for  your losses. When someone hits a parked (i.e. not moving) car, he is almost certainly at fault, regardless of whether he was under the influence at the time or not; you would therefore appear to have a good chance of prevailing.


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