Property damage accident... HELP!

Asked over 1 year ago - San Diego, CA

My son's car was parked while he was playing basketball when drunk driver hit his car from the back end (thank goodness he was not inside). The car is not considered totaled. He did not have a gap insurance. Car insurance only paid for market value of the car, which left a balance of a little over $4,000. My son is still currently paying out of his pocket for the balance of the car. Is there anything we can do to have the other party pay of remainder $4,000. that my son is out?

Attorney answers (6)

  1. Peter John Marek

    Contributor Level 19

    14

    Lawyers agree

    Answered . Yes . Call the District Attorneys office that is charging the drunk driver and they can order that person to pay restitution for the damage to your sons car. Call the m immediately and notify there victim witness unit of your damages. You could also file a small claims action but the D. As office restitution is preferrable to the latter. Good Luck

  2. Richard Andrew Harting

    Pro

    Contributor Level 18

    13

    Lawyers agree

    Answered . I am assuming that you have a typo and the car IS a total loss. Your son is only entitled to recover the market value of the destroyed property. If he was able to keep the wreck car he may be able to get a fair amount for the salvage. Also he can get loss of use compensation for the time the vehicle was rendered undrivable to when he received his settlement on the car. He can also recover his deductible from the drunk driver. Lastly, he can request the District Attorney set a restitution hearing. As a matter of equity your son can explain the situation of being upside and the Judge does have the power to order the defendant to pay what will be fair and just to the victim - legally not sound but definitely worth a shot.

  3. Jonathan David Marx

    Contributor Level 14

    13

    Lawyers agree

    Answered . Request a restitution hearing via the DA's office as soon as possible, best of luck.

    The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute,... more
  4. David Philip Shapiro

    Pro

    Contributor Level 18

    9

    Lawyers agree

    Answered . Call the District/City Attorney's office and speak to the assigned prosecutor.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . Call the DA to request restitution

  6. Peter Cameron

    Contributor Level 12

    7

    Lawyers agree

    Answered . i am so sorry to hear that. You have options on how to claim the remainder. It is best to consult San Diego Lawyers to assist you further with this. Good luck

    877-603-8473 - Peter S. Cameron, Esq. 2445 Fifth Ave. #350, San Diego, CA 92101 - Call 24/7 for a FREE CONSULTATION!

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