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Property damage accident... HELP!

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. 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. 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. 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, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Jonathan D. Marx and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney


  4. 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. 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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