Can I sue somebody for running their car into my backyard fence?

The first step is obviously to determine if the guy has insurance. Then, put in a claim. His insurance company will disclaim certain coverage, for example, his own medical bills if he was hurt, because he violated a term of the policy, which is to not drive drunk. However, most of the compulsory portions of the policy which protect against harm to others, like your property damage, will remain in place.

Find this out right away. Do not rely on the appraisals of the insurance company or their own adjusters who will get more work if they "lowball" your damages. Get a damage estimate from your pool company, from an antique dealer, from a good contractor who could replace the fence, and from any other professional business person. Submit those appraisals to the insurance company.

If they do not want to pay a fair amount for damages, then you file suit against the drunk driver. His insurance company has to come into court to defend him. It is not a good position for them to find themselves in, and so they will likely come to their senses and make a better offer before a court hearing.

Finally, be sure to take pictures of all of your damages ASAP. Send them to the insurance company. Keep copies for your own use later when the insurance company fights you in court.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

Yes, you can sue this person. Even if they don't have insurance, they would be personally liable for the damages. I would echo the prior comments in that you need to document and photograph all damages. Certainly it will be easier to resolve (in certain respects) if this person has insurance, but even if they don't you have the right to make a claim and/or even sue them (though collection may be challenging). If your damages are significant, I'd suggest consulting with an experienced attorney in your area. Good luck!