What amI entitled to if I was hit by a drunk driver and my truck was totaled?

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What amI entitled to if I was hit by a drunk driver and my truck was totaled?

I had just parked at a friend’s and turned of my car. My husband had just purchased it for me 3 weeks earlier. I was hit by a drunk driver and it was totaled. The insured was the father. Before this happened I had planned to go to the state my mom lives in because she suffered from cancer an was not doing well. This accident set me back and stranded me at home for 2 weeks. I finally made it to my mom’s only 3 days before she died. He took those weeks away from me and my mom. What can I do? My insurer paid off my truck ans is going after their insurance. Am I entitled to anything else?

Asked on November 14, 2011 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, the law does not provide compensation for non-material or non-monetary losses, such as taking time away that you could have spent with your mother. If you suffered other material or monetary losses--for example, loss of wages, if you missed days at work; the cost or renting a vehicle to get around, if not covered by insurance; the loss of any personal property of yours in the truck, which was destroyed at that time; etc.--you could seek compensation for it; but not for the loss of valuable time. Please accept our sympathy for your loss.


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