What to do if my car was hit while parked in front of my house the driver did stop cause he totaled his car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my car was hit while parked in front of my house the driver did stop cause he totaled his car?
Now his insurance company says my car is totaled. He was under the influence of something at the time of the accident but by the time the cops got here he kinda sobered up. Neighbors and the firemen noticed he was under the influence of something. When the cops got here they said he looked like he was under the influence of something but its to late now.
Asked on July 15, 2013 under Accident Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If he or his insurer will not voluntarily pay you the then-current value of your car (if it is in fact totalled, or not economically repairable; or the cost to repair if it is not totalled), then you could sue him for your losses. When someone hits a parked (i.e. not moving) car, he is almost certainly at fault, regardless of whether he was under the influence at the time or not; you would therefore appear to have a good chance of prevailing.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.