Legal Question in Criminal Law in Ohio

Hit by a drunk driver

Subj: I need a question asked

Date: 11/2/02 8:57:20 PM Eastern Standard Time

From: Muscle Man--name removed--

I was involved in a wreck on Oct. 26th 2002. We were sitting at the light stopped at 44 and 18. We were hit by a drunk driver from behind. My wife was injured and taken by ambulance and I was treated and released also. She is still having pain and is having treatment. I will not know about our car till Monday if it is totalled. My question is....My car ,a 2001 malibu, , if it does get totalled was a year old with 7000 miles on it. What are my chances of the drunk driver or his insurance re inbursing me with a new car just like it? It isnt right if they give me a check for 12,000 dollars when I paid 15,000 a year ago. I did nothing wrong and their drunk client hit me from behind, and then I have to dig into my pocket to get a new car,because he chose to get behind the wheel. I would like that question answered please. Thank You. --name removed--

Asked on 11/02/02, 9:44 pm

2 Answers from Attorneys

Joseph Burke Law Office of Joseph T. Burke

Re: Hit by a drunk driver

Your question has more to do with personal injury than criminal law. First, does the Defendant have insurance. Second, do you and your wife have uninsured/underinsured coverage. Third, there may be other insurance available pursuant to the Ohio Supreme Court's case Scott Pontzer. Property damage claims are relatively straightforward. I would suggest you turn the property damage claim over to your carrier and let them subrogate against the Defendant. I would consult with an attorney to be informed of all of your rights and remedies.

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Answered on 11/04/02, 8:25 am
Michael Brandabur Brandabur Law, LLC

Re: Hit by a drunk driver

Your case involves a property damage claim, as well as a personal injury claim. As for the property damage claim, presuming the other driver is at fault, you would be entitled to recover your "damages." Your damages would be compensation for the value of the car as it existed just prior to impact, less any salvage value. If the car was used for one year, then the amount you would receive would consider that fact. You are not entitled to compensation for the aggravation, etc. on the property claim. Your personal injury claim is a whole other issue.

Hope this helps.

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Answered on 11/04/02, 1:57 pm

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