Corona, CA asked in DUI / DWI and Car Accidents for California

Q: I was involved in a hit an run, and i want to know if i can sue the other driver.

After the other driver backed into me and hit my car from the front left side, she drove off into the neighborhood and i followed her but sped off in another direction, then I lost her. My friend who was in the passenger seat called the police for me to file a report. Shortly after, the police found her speeding down a nearby road with her headlights off (at around 9:30pm). She was said to be under the influence and the officer asked if i wanted to have her arrested. I said yes considering she was impaired and this could have turned out much worse. My passenger and I were not injured. While my car may not look too damaged, my front right bumper will have to be replaced, my rims, my door frame, along with my car being out of alignment. This will cost a couple thousand dollars in damage repair. I have insurance to cover the damages but Im positive that i would like to press charges on the driver.

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4 Lawyer Answers

A: You can sue but it's a giant waste of time. You aren't injured and your insurance company will pay to repair the property damages without the time and money of a lawsuit.

A: You can sue for property damage, for example your deductible, though your insurance may have recovered that for you.

A: You could sue - if you want to do it through a law firm, they might not handle on a contingency basis, being that the accident does not involve bodily injury. But that's only a general guess, based on the scale of damages you mention. There could be firms that would handle things on contingency. The most definitive way to find out would be to reach out to local firms to discuss. Good luck

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Answered

A: You have the option to pursue a lawsuit against the other driver for the damages caused by the hit-and-run accident. Since you were able to file a police report and the police located the driver under the influence shortly after the incident, you have a strong basis for a civil claim. You can sue for the costs of repairs to your vehicle, including the bumper, rims, door frame, and alignment issues.

Even though your insurance may cover the damages, you may still wish to seek compensation directly from the at-fault driver to avoid potential premium increases or out-of-pocket costs such as deductibles. The fact that the driver was under the influence strengthens your case for both compensatory and possibly punitive damages, given the reckless nature of their behavior.

Consider gathering all necessary documentation, including the police report, photos of the damage, repair estimates, and any other evidence related to the accident. Consulting with a legal professional can help you understand the process and what compensation you might be entitled to. Taking legal action may ensure that the driver is held accountable for their actions and that you are compensated for your losses.

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