Q: Hit a pedestrian with car. Police say it’s her fault. My car is wrecked. Can I take legal action for my car?
This happened in Hawaii. A pedestrian was under the influence of drugs and walking in the middle of the highway at night. I hit her with my car. The police report states that I am not at fault. She was injured and taken to the hospital. My insurance will pay her medical, because that’s what’s required in hawaii. I was not injured. My insurance will also cover my car. It paid the bank the rest of what I owed on my loan. Now I’m stuck with no car and no money for a new one because of someone’s poor choices.
A: You can only go after her for the value of the vehicle. Presumably that was the collision that paid off the loan. If she had insurance that's all you can go after her for. Realistically, if she was on drugs in the middle of the road, do you think she will have money to pay for any judgment you get?
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