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Hello, What are my options when in a vehicle accident with a drunk driver?

Weaverville, NC |

On 12/23/13, a drunk driver pulled in front of me & caused me to hit his vehicle. Once our vehicles stopped, he actually tried to pull away from the scene about 3x, but our cars were locked together and he couldn't. After police arrived, they discovered he had been tossing liquor bottles out of the window and they gave him some tests and arrested him. I visited doctor about an hour later. No broken bones were found. His ins company classified my car as totaled and gave me a figure for the value. I am still extremely sore and it is getting worse in my lower back and neck. It doesn't keep me from moving, but limits me greatly and hurts. I am having trouble locating a vehicle matching mine for a replacement with the figure they gave me. Can I ask for more on the car value from the ins. comp.?

Attorney Answers 8


  1. Do not do anything until you consult with an experienced local personal injury attorney who can guide you properly.


  2. Follow the advise of Attorney Schoen. You may have difficulty getting fair value for your vehicle. The laws favor the insurance companies. If injured get appropriate medical care. Most importantly, stop speaking with the other insurance company. As an aside, the fact that this person may have been driving while intoxicated does not in and of itself mean that he/she is at fault for the crash.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


  3. Here are a few suggestions. First, continue getting medical treatment for your injuries. This will accomplish a couple of things -- it will help you heal quicker and it will document the extent and nature of your injuries. Second, because the collision was caused by a drunk driver, your case has a higher settlement value than a regular case. Because of this, you should speak with an attorney right away -- most attorneys offer free consultations. Third, insurance companies will negotiate a little on property damage claims. Most lawyers will help you through this process too.


  4. Get medical treatment for your injuries and hire a personal injury lawyer to handle the case for you. You focus on getting better.


  5. First of all get the medical treatment you need. Many time injuries manifest themselves days and weeks after the initial trauma. Then hire an attorney ASAP. Remember the insurance company is not your friend. Does the fact that you can't replace your car by the amount they offered, tell you anything.


  6. Get proper medical treatment, and retain a local personal injury lawyer to pursue maximum compensation for your injuries and property damage.


  7. I thought Mr. McCabe laid out the answer well. Continue treatment and consult a personal injury lawyer. There is no reason you should get dime less then the actual value for the vehicle. Good Luck!


  8. You are entitled to the Fair Market value of your car. You do not get replacement value. You should hire an experienced personal injury lawyer to help maximize your recovery for your personal injury claim.