I would like restitution for expenses incurred due to this wreck. Do I need to hire an attorney
Yes, contact an attorney right away. There are several ways you can recover, even when the driver does not have insurance. First, he may have coverage under his own insurance policy for a portion of his damages, including Personal Injury Protection/Basic Reparation Benefits (aka PIP or BRB). The first $10,000 of medical expenses and lost wages is covered by this policy. Plus, you may have Under insured Motorists Coverage (aka UIM) and/or Uninsured Motorists Coverage (aka UM) that can cover the personal injuries he sustained. Your insurance company would then go after the at fault party through subrogation. But this process is technical, so you can hire an attorney on a contingency fee basis. Plus, there may be Dram Shop liability, if any bar or restaurant over served the drunk driver. So it gets complex, but contact an attorney to explore your options. Yes, there also may be restitution through criminal court, but that is reserved for any actual damages sustained, i.e. anything that was actually paid out of pocket. It does not cover pain and suffering. Again, this is a complicated matter, so contact an attorney ASAP.
The advice given here is general in nature and does not create an attorney client relationship. I am not your attorney. I am licensed in Kentucky, Ohio, and federally in the E. Dist of KY, W. Dist of KY, Southern District of OH, as well as the 6th Circuit Court of Appeals. All answers are for information purposes only. You should consult counsel in your area to handle any legal matters raised in this forum. Kentucky law does not certify specialties in the practice of law. This is an Advertisement.
Yes, you/your son should consult with an attorney ASAP. There are other insurance policies that may be available such as Uninsured Motorist. Further defendant and his situation needs to be investigated properly to make sure no other person/entity is responsible or has coverage such as possibly if drunk was on errand or working for someone, whether the bar he went to over served him, etc. He may have assets that your son could go after as well. Lot's of potential avenues to make a recovery but you/he will need an attorney to properly review all of his options.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
I agree. You should hire an attorney to assist with this. If damages are limited to property damage, you can seek restitution from the person. You may also be able to have repairs made with collision coverage on your son's vehicle and, if he was injured, recover medical expenses through PIP and compensation from uninsured motorists coverage.
The information you obtain at this site is not, nor is it intended to be, legal advice. This communication does not create an attorney/client relationship. You should consult an attorney for advice regarding your individual situation.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline