Legal Question in DUI Law in Minnesota

Victim of uninsured drunk driver

My 16-year-old son was rear-ended by a drunk driver with two prior dui's and who was under court ordered sobriety. He fled the scene of the accident. My son, to the best of our knowledge at this time, was not seriously injured. There were witnesses, one who followed the drunk and was able to tell officers where to locate him. He was uninsured and we did not carry collision in order to keep our rates lower. Do we have any recourse against this man who, but by the grace of God, could have killed our child? The car my son was in is driveable but would cost way too much to fix. We would like to recover the expenses caused by this accident and also make sure this person does not cause this or worse to someone else. Thank you for your time.


Asked on 1/19/03, 7:50 pm

2 Answers from Attorneys

John Fossum Lundblad, Fossum & Zrimsek, L.L.P.

Re: Victim of uninsured drunk driver

You have a number of options, and these are not necessarily all of them.

Assuming the other driver was, or will be, prosecuted for the incident you should be able to file an affidavit with the court for restitution. You could also file a request for payment with the crime victim's ombudsmans office and they will consider it for payment and chase the other driver for reimbursement, or you can sue him yourself in concilliation court for the damage done to the vehicle.

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Answered on 1/20/03, 1:19 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: Victim of uninsured drunk driver

This question has been posted to the wrong category "criminal & DWI defense." You may want to re-post your question under the category "personal injury" for more appropriate responses.

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Answered on 1/20/03, 1:51 pm


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