If I was inside my parked car with my friend with no seatbelts on and then a drunk driver hit us, what will happen if we take legal action?

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If I was inside my parked car with my friend with no seatbelts on and then a drunk driver hit us, what will happen if we take legal action?

We had no seatbelts on because we were about to get out. My car was totaled in the process.

Asked on November 5, 2014 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You don't have to have seatbelts on while parked, so that will not count against you. Since your car was not in motion, the driver who hit was, essentially by definition, at fault in causing the accident--to say nothing of his or her liabilty for being DUI. If you sue, you would seem to have an excellent chance of recoving compensation for the loss of your car and any injuries, though whether you will be able to actually receive compensation depends on whether the other driver had insurance or, if not, has the income and/or asserts to pay any judgment.


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