Help Car Accident - Lawsuit?

Question

Last night at about 3 am a car smashed my parked car and drove off. I woke up to a big bang not know what it was, and not till an hour later did I find out. A police officer knocked at my door and asked about my car. It was found 2 houses up in their yard.

Luckily the car that hit mine was messed up just as badly and started to leak oil. The driver left a trail of oil all the way to his house. The kid (24 yrs old) lives right at the top of my street. When I got to his house the cops had him in cuffs and were administering a sobriety test. I gave the cop my registration and insurance cards and he sent me back home.

The cop came back about an hour later saying the kid didn't seem drunk. The kid said he had no recollection of the accident and was found sleeping in his bed. I guess the kid got into a motorcycle accident last year and got really messed up. The kid claims he had a seizure, but I really don't believe him.

Could someone give me some legal advice? Thanks

Answer 1

Without knowing what kind of insurance coverage you have it's hard to give a detailed answer.  In general  . . . .

Notify your insurance carrier.  Notify HIS insurance carrier if any.  Make sure to keep a record of each claim number.  Have your damage appraised & get the car towed to wherever it is going to be repaired, unless it's totaled.  Then rent a replacement (assuming you have rental coverage or the other driver's company authorizes it) until you get it back or get a check.

Answer 2

Recollection or not, the 24 year old driver is responsible for the accident and whatever his insurance will pay should cover it.  If he is uninsured, your own insurance will come into play and they, not you will do the suing.

Answer 3

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Answer 4

Drunk or sober, a driver is liable for the damage he causes when he runs into a stationary object liked a parked car.  His lack of memory may make proving it a bit more difficult, but the principle remains the same.   If he has liability insurance, then they may agree to pay voluntarily, but they might not.  They might just wait to see if you sue the driver.  Then, they will defend him and pay any judgment.  Not sure what you wanted to know, but I hope this helps.

Answer 5

I don't think legal; advice is called for here.

Just call your insurance agent.

Answer 6

Wether he remembers or not the accident happened. If he isn't the registered owner of the vehicle, the true owner is responsible for the damages. My friend had a case very like yours, the real owners insurance had to pay the damages, since the actual driver wasn't insured and didn't have a drivers license.  The insurance company paid for all the damages and then sued the actual owner of the car who did the damages for his money from the uninsured driver. Find out where this sobriety test is and who administered it and any other information about that driver,it could be very useful in court or for your insurance company.

Answer 7

make calls to your insurance company and see how much they are willing to pay for and if there is anything that has to come out of pocket the kid who is 24 years old I'm sorry but that is not a kid is responsible for the damages  

Answer 8

There's not really a basis for a lawsuit at this point.  No one was in the car, so no one was hurt.  If the kid was drunk or not is a matter for the police.  Your car is damaged.  Hopefully, the owner of the kid's car will have insurance and if so, you can contact them so they can pay to have your car repaired.  If the owner does not have insurance, then you call your insurance company, they pay to have it fixed (if you have comp/collision) and they decide whether or not to sue the kid and the owner of the car.  If neither of you have insurance, you pay to have the car fixed and at that point decide whether to sue the kid and/or the owner of the car to be reimbursed.

Answer 9

well i can tell you this if he knows he suffers from siezers its illegal for him to be driving