Rock Hill, SC asked in Car Accidents for South Carolina

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?

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2 Lawyer Answers
Titus Thomas Nichols
Titus Thomas Nichols PRO label
Answered
  • Personal Injury Lawyer
  • Marietta, GA
  • Licensed in South Carolina

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.

Roy Willey
Roy Willey
Answered
  • Personal Injury Lawyer
  • Charleston, SC
  • Licensed in South Carolina

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.

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