Rear Ended by Drunk Driver with No Insurance...

by Dan
(Las Vegas, Nevada)

I was heading to work on the freeway, driving the speed limit and was rear ended by a drunk driver going over 100 mph. He tried to flee the scene and was caught by the police. They deemed my SUV a total loss. I was taken to the hospital at the scene and had a CAT scan and X-rays taken. All the tests came back negative but I still have back and neck pain.

I found out today the driver did not have insurance. The doctor gave me a note to miss work for a week, so I lost a week of wages and now have to get a new car. What type of options do I have to get compensation for my car, injuries and lost wages?

Visitor Question:
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ANSWER for "Rear Ended by Drunk Driver with No Insurance...":

Dan (Las Vegas, Nevada):

The intoxicated driver is going to have to answer for her crime. If she is found Guilty, or enters into a plea of No Contest, she will either be jailed, or more likely if this was her first offense, receive Probation.

Normally a part of a Probated Sentence includes paying fines, probation fees, court costs, and if she caused property damage or personal injuries, a responsibility to pay for those as well.

Realistically she will be placed on Probation for a period of 2 years. It's likely she will not be able to pay all the money she owes to you in that amount of time. Because the law can't continue a Probated Sentence past the statutory period of 2 years, you will have to hope to recieve as much as possible during that time.

During the negotiations for the Plea Bargain the Prosecutor will probably have the Police Report in front of her. As a result she will probably contact you to find out how much damage the defendant did, and what it will cost to compensate you for it.

If the Prosecutor is like most, she will be inundated with cases. As a result it’s possible she may forget to contact you. It doesn’t happen often, but it does happen.

Make sure to call her right away. Make sure she has all your information and is aware of all the damage the Defendant caused. That way you will be sure to at least have a chance of recovering some of the damages she caused.

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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