If my family car was struck by a drunk driver, who do we sue if our insurer did not cover all damages?

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If my family car was struck by a drunk driver, who do we sue if our insurer did not cover all damages?

We were hit in a parking lot and she “ran” away on foot after parking next to us. No injuries. Who to sue?Our insurance company found the driver, collected for cosmetic repairs to our car from her insurance. They did not fix mechanical issues that I reported at time of incident. How and whom do we try to collect from – her, her insurance, our insurance?

Asked on November 1, 2011 under Accident Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were involved in an automobile accident where not all of the damages were compensated for by your own insurance carrier, you can file an action against the person who caused the accident.

Assuming there was a police report for the incident and the driver was cited for driving under the use of alcohol and she has insurance, there is a very good chance that her insurer will want to resolve the claim by you quickly. Good luck.


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