If my parked car was hit by uninsured drunk driver, what are my options?

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If my parked car was hit by uninsured drunk driver, what are my options?

My parked car was involved in a collision. A drunk driver hit a parked car and caused it to hit my car. He didn’t have insurance. I have insurance for the damages but no rental coverage. I had to pay around $700 for a rental while my car was in the shop. What are my legal options to get my money back, and how much am I entitled to?

Asked on June 22, 2012 under Accident Law, California

Answers:

Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

Generally you would be entitled to compensation for the damage to your vehicle and to be reimbursed for the amount you spent on a rental car.  Unfortunately, if the person who caused the accident did not have insurance, it leaves you with little options.  If you have uninsured motorist on your own insurance policy, you could attempt to have that cover your rental car expense.  It depends upon your policy whether or not you could get coverage for a rental car using your uninsured coverage.  Your other option is to sue the drunk driver directly for the costs of the rental.  Just remember that when you sue someone there are costs involved and it can be time consuming.  Also, a drunk driver who does not have insurance is not likely to have the money to pay you even if you were to prevail in a legal action, making it very hard to collect from him or her.  


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