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Paul Bruce Apple

Paul Apple’s Answers

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  • I was in a accident recently that a drunk driver rear ended me. I wasn't hurt but do I need to seek legal action

    I was sitting at a stoplight getting ready to turn left and a drunk driver slammed in the back of me. I wasn't hurt in the accident and it pushed in my bumper on my truck. I just want to know if I could take legal action on it

    Paul’s Answer

    Going to court to get property damage fixed should be a last resort. If the drunk driver has insurance, his insurance company should pay for your property damage to get repaired. You can work with their property adjustor, but you if you don't agree on the amount of damages to pay you can still take legal action on it. If the drunk driver does not have insurance, and you have Un-insured/Underinsured motorist (UIM) coverage they should pay your property damage under that coverage, and not your comprehensive coverage. The property deductable under UIM is lower than the deductable for other property damage coverage on your car. Only if the drunk driver does not have insurance and you do not have UIM coverage should you submit a claim as a crime victim in the DUI case, to be paid restitution as part of the drunk driver's sentence. Each state has different procedures and rules for this, so check with your local court and/or prosecutor's office about how to do this on your own . Good Luck.

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