DUI Auto Accident...

by Marla

We were stopped at a stoplight when we were rear ended by a drunk driver (he was arrested for DUI). I have some tenderness in my neck and back, but I have not gone to the doctor. It appears as though my car will be totaled. My car is an '02 with 111,000 miles. I bought my car brand new and it was in excellent condition before the accident.

I would like to know if I can be compensated for a new vehicle? I do not believe I should be out any money because of this drunk driver's stupidness.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "DUI Auto Accident...":


Regrettably the law provides that the insurance company reimburse you for the repair to your vehicle and no more.

If the amount of money to repair your vehicle is more than the vehicle is actually worth they may offer to “buy” the car from you for its fair market value and then thay would take the car. Or they would let you keep the car, damaged as it is, and offer you a much lesser amount; an amount which will not be nearly enough to repair your vehicle.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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