Legal Question in Personal Injury in California
My van was hit by a drunk teenager while it was parked in front of my residence. I still owed money on my van. My insurance informed me that the drunk driver was under insured and more than likely their insurance would not be able to cover the damages to my vehicle which they had estimated at a total loss. My insurance then advised me to just go through them and that they would pay off my vehicle and then try to resolve the issue with the drivers insurance, that way I at least didn't have to continue paying on a vehicle that I was unable to use. I followed their advice, they paid off my car, but now I'm left without a vehicle or money to get another one. I have 4 kids and that was our family vehicle, we need it to take the kids to school, and my wife and I both work so we need seperate cars. Is there absolutely anything I can do to attempt to gain any type of compensation directly from the driver to at leas put me back in a similar situation to that which I was in before them totaling my van?
1 Answer from Attorneys
You can sue the teen age driver for losses not covered by your own insurance company, but you will likely have a very difficult time in ever collecting on any money judgment.
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