If my son was hit by a drunk driver and they totaled his car, should I call their insurance company and ask for the blue book value of his car?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my son was hit by a drunk driver and they totaled his car, should I call their insurance company and ask for the blue book value of his car?
And if they don’t, do it tell them that we will go to court because their client was drinking? Or do I need to get an attorney? He did not go to the hospital but his shoulder and jaw was sore. He just had PLPD and is 18 going to college.
Asked on September 16, 2014 under Accident Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can try calling his insurer, but they don't have to speak to you--they are *his* insurer and do not owe an obligation to you. If neither the insurer nor the drunk driver will voluntarily compensate you, then the way you try to force them to pay is by suing the other driver; if the other driver was DUI, then you would seem to have a very strong case. Whether or not you should get a lawyer depends on what the car's blue book value is (without even having gone to the hospital, you'll not get medical costs or pain and suffering; so all you're looking at is property damage). As a good rule of thumb, if the value is below, at, or even slightly above the limit for small claims court in your state, sue in small claims, acting as you're own attorney; if it's significantly more, higher a lawyer to help you.
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.