If it is totaled, it's all on the other driver's insurance, let YOUR insurance company fight for you for your proper compensation, accept nothing less.

They have a whole bank of lawyers there that you are paying for with your premiums for just sort a thing.

 

Sue the drunk driver for putting you into a situation that would leave you without a car. It's not your fault you are in this situation. It is the responsibility of the at fault insurance to put you back where you were before their client ruined your life. That does not mean pay off the car and disappear.

There are a million attorneys out there that would work this type of case on contingency.

 

I can't think of one attorney who would take this case.....unless the insurance company for the at fault driver refuses to pay. Once the car is paid for and the OP is reimbursed for legitimate reasonable rental or other out of pocket costs, there is really no other damages to repay. Inconvenience of this nature is not worth much in a court of law. This type of thing is so irritating, but grounds for a civil lawsuit are limited. The OP needs to collect the settlement, get a new car, and get on with life. We can only hope criminal charges were filed....and some jail time is forthcoming for the drunk.

 

Unfortunately this is often the case. Some of you might recall my past post about our 2 week old G being hit while my wife was driving on the Interstate. The guy was driving an insured vehicle, but he was not on the policy and had no insurance himself. We had uninsured motorist coverage, but no rental car coverage (you can bet we do now). We sent the dude a bill for the rental car and diminished value with threats of suing, but it went unanswered. So now it's a choice of taking him to court and even if we win, he will likely not pay. Then you have to jump through more hoops to get possible wage garnishing (if he even holds a job), etc., etc. Our insurance company attempted to go after him for the $6,000 repair and has not been successful. Talk about beating your head against the wall...

So yeah, moving on with our life almost seems more practical at this point, rather than spending more money and time to get nothing. The car looks and feels as good as new after repairs, my wife wasn't injured, so at the end of the day it's not as bad as it could have been.

I guess my point is: nothing is cut and dry and each individual case can differ. Maybe it's better to own nothing in this world so when you f-up someone's property or life you get away with owing nothing to anyone. Our only consolation is this dirt-bag had his drivers license revoked...but then he's probably still out there driving because what's he got to lose?

 

Found out today that the car is in fact totalled. Now I have to wait for the total loss department of my insurance company to get back to me. The worse part is the fact that the kbb value of the car is 34k BUT the fair market value out here will probably be around 28k, just enough to pay of my principle.

 

Hurts me just to look at those pics man, but thats good they was total it out as it would never ride the same again. Dont take the fair market value they offer you, make them give you the KBB for the car. Argue your point and have copies of your deposit and the bill of sale. I would pull up recent listings in the area w/ similar packages & even go back to the dealership you purchased the car at and have them write a letter stating what they would have given you for trading that exact car back in. If his insurance company still wont budge contact your insurance company and have them cover the difference and let your insurance fight with his over the difference. Thats what you pay them for... I know its a pain but good luck!

 

It looks as if I'm the first to comment on the fact that yes, the back end got rearranged, but look at the rest of the car. No crumpling or other apparent body damage from such an impact. Wonder if the frame is still true since they totaled it. My wife got rear-ended on the freeway on the way to work (low speed, Toyota Corolla at maybe 10-15), and all the shop replaced was the bumper. End of story. The camera was knocked out of alignment in the holder of the spoiler, and the dealer was able to re-secure without replacement. I was impressed. Not just Styrofoam behind the bumper and a 1037 other pieces that need replacement after a hit. Makes me that much more pleased with my purchase.

I would also like to be the 38th person to say I'm pleased nobody was in the car. That would've been some hardcore whiplash, and your situation would obviously be very different.

Here's to hoping for a high dollar amount for you.

 

I'm sorry to hear that, man. A few months ago I got hit by a drunk driver as well. My G sedan got totaled. I got hit from the side at 120 mph on I-10, then hit the wall and spun out hitting another car. I was able to get out but injured my lower back. My car looked like total crap. And to top it off the guy didn't even have any insurance. So I had to use my uninsured motorist coverage. My insurance gave me $1500 over blue book value for it. Now I'm back in a new G sedan.

My insurance and the state of Texas is going after that guy.

 

Are you entitled to part out stuff from totaled vechiles? Because if u are pm me I'll buy some stuff off u and u can make some money back lol

 

If this is Illinois that is a Tort insurance state. you have the right to sue the driver for any loses not covered by insurance. Meaning if the insurance company is going to short change you then sue the driver for the difference to make you whole again. If this is a no fault state like michigan than you forfeited your right to sue by buying no fault insurance and your sol

 

I will give you my 2 cents assuming this happened in a tort insurance state. The money the insurance company gives you should cover the cost of buying a G of the same year with same mileage and options and nothing more. If the insurance payout does not meet that criteria then you should be able to win a civil suit for the difference against him or insurance company. I would start by sueing the driver because it will cost to much to sue the insurance company with lawyers. With sueing the driver you have very little lose. Few hundred in court costs and time. Basically you need here is where you start. You need to find out the case number of his dui. If he gets convicted of dui and your insurance did not cover 100% to replace the same vehicle near market value then you have a case. Get all documents. Insurance payout, his court case #, police report, and atleast 5 or more used retail sales of cars closely matching your wrecked one on line. Do this with out a lawyer cuz a lawyer will charge about $1k to do this paper work which will be your loss. Go to the local court house tell them you want to make a civil suit against someone that damaged your property thats causing a loss. Fill it out saying you want the difference of want the insurance company is shorting you as the suit due to a drunk driver totalling your car. Bring all that paper work to court. A civil suit doesn't mean anything if you lose. Let the judge decide if you have been made whole. At worse you don't get anything but for $3k or so its worth a try.

 

The accident happend in Northern VA which is not a no fault state. Once I actually get ahold of my claims adjustor and figure out what they are paying for the car I will decide what to do. I will look into sueing the guy. I have the case number and all of the info on the DUI and hit and run case so I may just see what I can do now.

Thanks for all of the advice.

 

was it billy joel who hit you?

 

Actually I think it might have been Charlie Sheen.

 

I finally got a hold of the adjuster and he let me know that they would be giving me a little over 36k. That should cover the principal and give me enough for a downpayment. Not to shabby.