Sign in to follow this  
Followers 0
joanne123

drunk driver

4 posts in this topic

My car was parked and hit by a drunk driver who left the scene. I have this all on servalance tape. Is his insurance liable to replace my NEW CAR? I was told that if he is convicted of drink driving they are not.

Please help. I live in Staten Island, New York, in case you need that info.

Jo....

Share this post


Link to post
Share on other sites

joanne123 said...

My car was parked and hit by a drunk driver who left the scene. I have this all on servalance tape. Is his insurance liable to replace my NEW CAR? I was told that if he is convicted of drink driving they are not.

The driver is, of course, liable to you for the damages to your car. You don't get your new car replaced, however. At best, if the car was totaled, you'd get the value of the car on the day it was hit, i.e. what you could have sold it for prior to the accident.

Although the driver is liable for the loss, whether his insurance would pay the claim depends on what the terms of the contract say. Quite often insurance coverage will exclude damage caused by drunk driving. Whether his insurance will pay or not is not a legal issue for you, since you cannot sue the insurance company directly anyway because the insurance company's obligations run to its insured, the driver, and not to you. You sue the driver. If the insurance company will cover the claim, it will provide a lawyer for the driver and it might offer you a settlement of the claim. Otherwise, the driver will be on his own in defending the claim.

I suggest you see an attorney for help in filing the lawsuit.

Share this post


Link to post
Share on other sites

joanne123 said...

Is his insurance liable to replace my NEW CAR?

The driver is liable to you. His insurance is not. His insurance is liable to provide defense and indemnity to him as provided in the policy. Absent some highly unusual facts, the driver's liability is for the cost of repairing the damages, not to buy you a replacement vehicle.

joanne123 said...

I was told that if he is convicted of drink driving they are not.

I'm not sure who "they" are in this sentence, and I would be quite curious to know who told you such an absurd thing.

Note that I believe NY has "no fault" insurance laws, so that may affect the responses above.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0