Legal Question in Civil Litigation in Pennsylvania

Re: Property damage

The insurance company may ask you to sign a "Release" for the driver in exchange for the settlement, in which case you would not be able to sue the driver. So, don't settle for less than you are willing to accept. HOWEVER, if the man was arrested for drunk driving, then you should contact the District Attorney's office, as they will make sure to get you restitution as part of the sentence. You may want to speak to an attorney about this in more detail given that the damages seem significant.

Re: Property damage

You will not be able to sue the driver if you accept the insurance company's offer. They will require you to sign a Release before they forward a check to you. The Release will obviously be for their driver's benefit and will preclude you from recovering any additional funds. If you don't believe that the offer is suitable, do not accept it. You have advised that the funds will not cover replacment of the trailer, but what you really have to look at is the "blue book" value of that trailer. You can find that value through any number of internet sources. That is the amount that you would be entitled to recover. Please feel free to contact me with any further questions.