Drunk Driver Totaled My Car

An accident involving a drunk driver that leaves your car totaled is devastating. Not only are your health and wellness affected by the accident, but your livelihood as well. We depend on our vehicles to get to important places like school and our job. Because of this, being faced with the cost and time of replacing your vehicle can seem overwhelming. Thankfully, you have legal options on your side to deal with your car being totaled if you were hit by a drunk driver. It’s important to consult with a personal injury attorney before beginning the process, to ensure you receive the damages that you are entitled to.

What to Do If You’ve Been Hit By a Drunk Driver

If you’ve been in a car accident and you suspect the other driver is drunk, call 911 immediately. You’ll want to call emergency services anyway if you have or think you have been injured. However, the police will also arrive, and be able to assess and administer tests to prove whether the other driver was intoxicated.

It is important to get police on the scene, as their report will be valuable documentation if you need to go to court. A police report of the suspected level of intoxication and subsequent arrest will help you pursue the damages you deserve.

Collect All the Details

Next, write down all the details you remember, even if you’ve told the police officer. Details surrounding the circumstances leading up to the accident will be important in court, and it’s possible some of them may not make it into the official report. If you have to be treated for injuries, dictate the details to someone else or record them if possible.

Finally, be sure to obtain the insurance information of the other driver. If you’re unable to at the scene, the police documentation should contain this information.

Get Legal Help

If your car was totaled in the accident, get a personal injury lawyer. We recommend retaining a personal injury lawyer even if your vehicle was not totaled, but it’s very important when substantial damage has occurred. Even if the other driver is insured, insurance claims can contain loopholes around DUI or DWI. It’s possible that you may have to go to court to get the damage you are entitled to. Do not sign anything from the insurance company or take any settlements before talking it over with a personal injury attorney. 

Make Contact with Insurance

Your next step will be making contact with both insurance companies. If the other drivers’ insurance company is difficult for you to reach, it’s possible for your insurance company to step in. In many cases, they will pay out the cost of replacing your vehicle, and sue the other insurance company to get their money back.

Keep meticulous records of anything relating to the accident that you could be awarded damages for. This includes hospital bills, specialist visits, the value of your vehicle, and the cost of rentals where applicable. If your vehicle was paid for under a lien, make sure to get documentation of the original loan amount and the amount still owed on the vehicle at the time of the accident.

Keep in mind that insurance companies are not personally invested in your injuries or inconvenience. They want to pay the least amount that they can get away with on the claim. This is why it is important to have all documentation and offers looked over by a personal injury attorney.

If the Drunk Driver is Not Insured

If the drunk driver you were struck by is not insured or is underinsured, you most likely will need to go to court to get the damages you need to replace your vehicle, medical expenses, any lost wages, etc. Review your auto insurance coverage as soon as possible to determine whether your plan includes Uninsured Motorist Coverage or Underinsured Motorist Coverage. This determines whether your insurance company will shoulder some or all of the cost of your expenses and if you’ll need to go to court to collect further damages.

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