If I was hit by a drunk driver while driving home from work, is there any legal action that I can take even if I’m not hurt?

UPDATED: Aug 22, 2012

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If I was hit by a drunk driver while driving home from work, is there any legal action that I can take even if I’m not hurt?

While driving home from work I was hit head on by a drunk driver. The driver was charged with DWI, driving without a license and aggravated unlicensed operation of a motor vehilce. I have no injuries at all. However I am wondering if I am able to pursure him for the lost resale value of my vehilce as it is not totaled. His insurance company is paying for everything but I am just exploring my legal options currently.

Asked on August 22, 2012 under Accident Law, New York


Robert Slim / Robert C. Slim - Attorney at Law

Answered 10 years ago | Contributor

What you are describing is a "diminished value" claim.  This means that, even though your vehicle was repaired, it will never be restored to its original market value because the vehicle now has an accident in its history.  

Assuming you have not signed a release, your may pursue a diminished value claim after your vehicle is repaired.  You should take your vehicle to a reputable dealer or car appraiser and have them do a valuation of your vehicle.  You can then submit that valuation to the adjuster for consideration.  Rest assrued that the adjuster will probably give you some grief since insurance companies tend to be very skeptical of diminished value claims.  Nevertheless, I think you will be able to come to some agreement.

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