From what you say, it was not your brother's fault. The guy with the DWI will likely be on the hook and probably won't be able to bankrupt his way out of paying your brother. At first glance, it seems like a good case. Speak with an attorney in person to give him more facts.
If he does not already know what insurance the other person had he should obtain a copy of the accident report. The report should list the insurance company that the other person has. He should contact that insurance company first to see if they have accepted liability. He should report the accident to his insurance carrier also.
Without looking at all the information it is difficult to give you a straight answer, but it appears that the other driver's insurance company may be liable for the damages received by your brother. It would be wise for your brother to seek medical attention for any injuries. Although it appears that he is "ok", he does not want to settle with the insurance company, only to find out later that he has an injury.
I suggest contacting a personal injury attorney in your area to discuss your options. Most attorneys offer a free consultation. I would advise against discussing this matter (or worse, settling this matter) with any insurance company until he has done so. Best of luck.
The above is not intended as legal advice. The response does not constitute the creation of an attorney-client relationship.
If your brother sustained injuries he should seek treatment if necessary and at the minimum consult with an experienced personal injury attorney before discussing the matter with an insurance company.
With regard to the property damage claim, your brother can report the claim to the other driver's insurance company or his own insurance company if he has collision coverage (they will then subrogate the claim against the other driver's insurance and refund the deductible). If the car is truly totaled, he unfortunately is not entitled under the law to a "new" car. He would be entitled to the fair market value of the car less any liens against the vehicle. Fair market value is the value of the totaled vehicle at the time of the wreck for the condition that it was in.
This information is provided for general purposes only and should not be construed as legal advice. No attorney-client relationship is created with the furnishing of this advice. Attorney licensed in North Carolina only.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
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