My van was totaled by a drunk driver last night. Who's insurance covers the damages?

Question

I'm in Alberta Canada. Does his insurance cover it and they sue him for the costs or does mine cover it and they go after him? If it goes through on mine, does it affect my rates since it is a big claim?

Answer 1

Unsure about Canada but in the U.S. his insurer would cover the damages under the liability policy.

NOTE: the idiot that is telling you to get a lawyer is wrong, wrong, wrong! This will only result in him/her/it getting 1/3 of your settlement -- which will ONLY be the value of the car! If the other company just won't come through then go through your own.

Answer 2

if the police cited him, his insurance should pay.  if you have to claim on yours, it will probably increase.

Answer 3

I believe that you should call his provider and they deal with it. Then, if the damages are above a certain preset amount, his premium increases. He may face additional penalties if he was drunk.

Answer 4

His,, you report it to your insurance co. because its totalled!  If you have full coverage then your completely ok! But you need to contact his insurance co. and dont take the first offer!! always take the second! If by any chance he doesnt have insurance and you have uninsured motorist or full coverage  then your insurance co will pick it up but yet they will go after him for the money! Just call both insurance companies and take it from there!! But DONT TAKE THE FIRST OFFER HIS INSURANCE CO OFFERS YOU!! they always try to s***w u over,, look up triple A and find out what the NADA price is on your car!! that will help u alot, so when his insurance co offers you a smaller amount then u know they are tryin to get away with not payin u the right price! And know that his insurance co will drop him now because of he was drinking DUI!!!

good luck

bonnie j

Answer 5

If the other driver was ticketed then the insurance companies will battle it out.  His will likely pay but if they aren't timely, then yours may cover you (since you are their client) and then go after his for the money.  Unfortunately, they will only give you the blue book value of the car (which sometimes isn't enough to go buy another car).  

Answer 6

His insurance co. is responsible.

If he is not insured and you have uninsured motorist coverage your insurance will cover it and your ins. co. will go after him.

No matter what the outcome your rates will not be affected.

Answer 7

Yes, the insurance company will  cover the loss even if he is dui.  the only time it may not is if he's in the commission of a felony, for instance he's evading police and hit your care then there may not be coverage.   However in 15 years, i've never seen this, nor have I ever seen an insurance company deny for a dui.

As long as the other guy has insurance they will evaluate the value of the vehicle.  I'm not sure about Canada but most insurance companies use a fair market survey, not nada or kbb to determine the actual value of the vehicle.  this way it takes in consideration all the attributes and conditions of our particular vehicle.  Some insurance companies will negotiate the value however many will not.  Remember if you carry collision you can always file with your own carrier if that makes you more comfortable.  Being that your vehicle was parked and unoccupied at the time the chances of this raising your rates  are very small.  

Again, I don't live in Canada but I am an adjuster and have been for 15 years.  Good Luck

Answer 8

he pays for all the damages! i dont think your insurance company will pay for it. If he doesn/cant pay, ,take him to court and they make him pay!! his premium is gonna go up if the damage is above the limit, but you don't have to worry about it. If he doesnt have insurance, the court just orders him, and he has to bring the oney from wherever and pay you. its completely his fault...

Answer 9

Well, if they caught the guy and he was drunk driving, it was his fault, and his insurance should cover it, in any case, it´s not a problem, you will definitely be covered, and not lose money.

Answer 10

It doesn't matter. You just claim your insurance. Your insurer will sort out what's what.  

Answer 11

You must handle all of this through your insurance company or your attorney.  There are many caveats, loopholes, requirements and details, especially when dealing with a drunk driving case, that are difficult for the layperson to navigate.  Do ALL negotiating through your insurance company or attorney!  Do not listen to people who will tell you that if you go through your insurance company your rates will go up.  Your insurance company is going to find out about the accident anyway.  If you try to negotiate this yourself, without the help of your insurance company or attorney, there is a very good chance that you will end up shortchanged, because you will be dealing with attorneys and professionals on their side that know things that you are not privy to.

Answer 12

I'm sorry about this. Drunk driver could be responsible, but if he is not, he should be.