Q: After being hit by a drunk driver& car totaled but not being hurt, how do I negotiate with their insurance?
I live in SC but was hit by a drunk driver in NC, they were found at fault of course. My car was totaled but thankfully(maybe) I wasn’t hurt. That leads us to them trying to pay for my car and my car only. They offered me 10k for my car when I owe a total of 17k. I don’t have gap insurance (a good driving & accident free record) I really didn’t think to get it but hindsight I wish I would’ve done a lot differently regarding this. That leads me to my concern & question — I think it’s totally unfair they get drunk, hit me and I’m left struggling without a car and debt especially since they almost killed my passenger (he flew out the car-no seat belt) the insurance company is pestering me to sign documents so they can cut the 10k check but I think it’s insane. What should I do? Am I able to easily sue & win?
A: You should reach out to an Attorney to assist you with this matter. The fact that you were struck by a Drunk Driver means that you are entitled to appropriate compensation otherwise, you will need to file suit to enforse your claim.
A: It sounds as if the car valuation is off as insurance companies sometimes do. You may also be entitled to punitive damages and should reach out to an attorney to assist you with this matter. Keep in mind that if they send you a release they may also ask you to release your bodily injury claims and punitive damages (any and all claims), and if you do that you may not be able to recover if you do have bodily injury as a result of the wreck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
