Q: Drunk driver totaled my car tonight, how do I pay for new car? Can I sue? Will his insurance pay me?
A car hit another car on the highway which then hit me and we all spun out and crashed into eachother again and hit the guard rail. The guy who caused it was arrested for a dui. I didn’t go to the hospital but my back and neck do hurt. My credit is bad and I really loved my truck. I’m not sure how to buy another vehicle. Will his insurance pay for a new one? I owe more than my truck is worth. So will his insurance pay off my truck and purchase me a new one?
A: Sorry to hear about your accident. The car that started the chain reaction accident is at fault for all cars damaged including your property damage and personal injuries. However, if your car is declared a total loss and your remaining car loan is greater than the present market value of your car, you will be responsible for the (excess loan over your car's value) unless you have gap insurance for your car. For further information, contact my office at (240)676-4827. Thank you.
A:
Unfortunately, you are entitled to recover the fair market value of your vehicle plus 6% sales tax and tags. If there is still a balance, gap coverage will pay the loan if you have it. Otherwise, you are responsible for any remaining balance.
Since you were injured, you should obtain prompt medical treatment for your injuries. You are entilted to make a claim for your injuries. You should retain counsel to handle your case. Attorneys take these kinds of cases on a contingency fee which means that there is no fee unless they win.
A: The drunk driver who caused the accident will be liable to pay property damage up to the fair market value of your truck, or the cost of repairs, whichever is less. You would need “gap” insurance to cover the excess loan balance above what you receive for the total value of the truck. Gap insurance is something you would have to have purchased yourself as part of your coverage. However, apart from the property claim, you have a personal injury claim, which may eventually result in significant money damages that would help you cover the loan balance and pay for a new vehicle. That depends on the nature and extent of your injuries. You are entitled to a rental vehicle pending repair or payment of the total value of your vehicle. Retain a personal injury lawyer.
A: Yes, the other vehicle's insurance should pay for the property damages (excepting any difference for financing balance, ordinarily picked up by gap). In terms of the injuries you describe, you could arrange a doctor visit to get checked out to be certain you're okay. Think about arranging a free initial consult with an attorney in your state - they could outline these and other issues for you. Good luck
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