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Ohio. Car totaled by drunk driver. What are we entitled to and how do we collect?

Dayton, OH |

My car was totaled by a drunk driver two days ago with no valid license and possibly no insurance. We have uninsured motorist, but the car was older with only liability so we would be out a car. He was not the owner and they're both from texas. He's in jail, but they do not believe they can hold him because my injuries aren't severe enough. I was taken to the hospital with minor injuries, but am in a lot of pain and not sure what else might appear. I am home from work today and tomorrow, resulting in lost wages. My insurance is working on the claim, but I was wondering if I should be entitled to pain suffering, loss of wages, rental car expenses, towing charges, etc. and what my options are for collecting them. Can it be part of the insurance adjustment, or must I take it to court?

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Attorney answers 5


You should not only let your insurance work on it, but you also should speak with a local personal injury lawyer to handle the claim. Your insurance company is going to only do what they are required to do and will not handle your injury claim.


A personal injury lawyer should be retained to represent you to get you the money that you are entitled to. You may search Avvo for a personal injury lawyer in your state. Good luck to you.

The answer does not create an attorney-client relationship and is for informational purposes only.

Lassen Law Firm
1515 Market St #1510
Philadelphia, PA 19102

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755


I'm sorry to hear about your accident. It was smart to purchase uninsured motorist coverage for just this reason. However, even UM claims adjusters will make it difficult for you to make a full recovery. You should speak with an attorney to assist you with property damage and injury compensation. I'd be happy to review your case with you.


The key is to hire a personal injury attorney to negotiate with your insurance company regarding the uninsured motorist claim. An attorney will help maximize your recovery, as your insurance company is going to do what is in their best interest - not yours. The attorney can also take the step of filing a lawsuit against your carrier should you believe their offer of settlement, if any, does not properly compensate you for your physical and mental suffering.

Disclaimer: This does not constitute legal advice. No attorney-client relationship has been formed through this answer.


You are entitled to recover all the expenses and damages resulting from this accident, including those you have asked about such as pain and suffering, lost wages, etc. We would be happy to assist you in this matter. Please feel free to contact my office.

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