What to do if a drunk driver totaled our car?

UPDATED: Sep 12, 2013

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What to do if a drunk driver totaled our car?

Earlier this year, at 3 am, while my husband, myself and the rest of my family were sleeping, we heard a horrific explosion outside. We checked outside and we saw a car upside down and on fire in our yard. The driver was crawling out of his car and was obviously drunk. When his car was flipping in our yard it hit our new parked car and totaled it. The driver’s blood alcohol level was .17. We found out that he is in the Air Force. His insurance paid part of the loan and our gap insurance paid the majority of the balance but we are out over $6000, as we had to go buy another car. His criminal case keeps being postponed. We did not sue but now we are not sure what to do. Should we contact his CO, or get an attorney and sue?

Asked on September 12, 2013 under Accident Law, Alabama


Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

Attorneys generally only take automobile accident cases when there are personal injuries.  It will be difficult to find an attorney willing to take a $6,000 case on a contingency.  I would try contacting the Air Force.  You may wind up having to sue him yourself in justice court.

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