Legal Question in DUI Law in New York

A 29 year old, unlicensed driver drove into my home taking out 2 trees and 3 shrubs before driving into my front porch... Her license had been surrendered prior presumably for a similar DWI incident... I was required to pay the deductible ($1000) on my homeowners insurance, and have recently been given a $20,000 landscaping bill that my insurance will probably only pay$5000. Do I have any recourse?

Asked on 5/09/13, 7:56 pm

1 Answer from Attorneys

Max Rosenberg Rosenberg, Miller, Hite & Morilla, LLC

Obviously, you can sue the driver who destroyed your property. However, before suing this driver, it would be worthwhile to do an asset search and find out if this driver has anything that you can attach such as bank accounts wages or real property. If they do not have any of those things, they may still have an insurance policy on the car. If they do not have an insurance policy, You may try to use your own motor vehicle insurance policy if you have uninsured or underinsured motorist coverage. You can also press criminal charges against the driver. And you may also be able to collect from a victims fund in the criminal court if they have no other way of getting you restitution.

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Answered on 5/12/13, 9:45 am

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