If my tow truck was struck from behind by a drunk driver, is his insurance company responsponsible for loss of use and /or loss of income of my truck?

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If my tow truck was struck from behind by a drunk driver, is his insurance company responsponsible for loss of use and /or loss of income of my truck?

Asked on December 21, 2011 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

When an at-fault driver (e.g. somone DUI) damages your vehicle, he or she is potentially liable for the cost to repair (or the value, if it is being totaled); for towing costs; and for lost income if it was a commercial vehicle, and you can't earn money without it.

If the driver's insurer will not voluntarily pay--e.g. they are contesting either fault or the amount of money you are seeking--you would sue the at-fault driver and look to prove in court that he or she was responsible for the accident and also the amount of your losses. If you can prove this and get a judgment against that driver, his or her insurer should pay it--at least up to policy limits. (The insurer does not have to pay more than the size of the policy.) For amounts above policy limits, the driver would be liable and you'd have to try to collect directly from him or her. 


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