Drunk Driver Damaged My Parked Truck
I left my classic Land Cruiser parked in front of my house while I was away for a couple of weeks. During that time, a drunk driver hit it and then continued on to rear-end another vehicle, causing both cars to be totaled. Fortunately, my truck sustained only minor damage, but being a classic, the repair costs won’t be cheap.
I found out about the accident from the driver’s insurance company before I even returned home. Unfortunately, when I parked the truck, I had just bought it and hadn’t gotten around to insuring it yet, so coverage didn’t kick in until a week after the accident.
The adjuster from Progressive who came to assess the damage informed me that the driver has limited insurance coverage, and with the other car being destroyed, I’m worried there won’t be enough left to cover my repairs. He mentioned that this was likely.
Now I’m faced with the question: if the payout from insurance falls short, who can I pursue to cover the repair costs? The adjuster suggested taking the DUI driver to small claims court (I’m located in Colorado). Should I also consider going after Progressive for the payment? I’m feeling pretty lost in this situation.
On a side note, if anyone needs advice about dealing with Allstate homeowners insurance, I’m currently in a frustrating 28-month battle with them following a house fire!
Thanks for any help!
I’m really sorry to hear about your situation—it must be incredibly frustrating, especially with having just purchased your classic Land Cruiser.
In Colorado, if the at-fault driver’s liability insurance is insufficient to cover your damages, you do have some options. Here’s a general outline of steps you might consider:
Small Claims Court: Going after the DUI driver in small claims court can be a viable option, especially if her insurance won’t fully cover your repair costs. Just keep in mind that you may need to prove her negligence and the extent of your damages.
Uninsured/Underinsured Motorist Coverage: Since you mentioned your own insurance only kicked in a week after the accident, check if you have any uninsured or underinsured motorist coverage on a different policy (like a homeowners or renters policy) that may apply to your situation.
Negotiate with the Insurance Company: You can still communicate with Progressive about your situation. While they may express that the at-fault driver’s limited coverage limits your payout, they could offer ways to assist you, or you could press for a more thorough investigation of the driver’s liabilities.
Consult an Attorney: If you’re feeling overwhelmed, consulting an attorney who specializes in auto accidents might be worthwhile. They can help you navigate your rights and the best course of action.
Document Everything: Make sure to keep all records, communications with insurance companies, and photographs of the damage. This will be useful in any negotiations or court proceedings.
Navigating insurance claims and damages can certainly feel daunting, but you have options to pursue. Good luck, and I hope you’re able to get your Land Cruiser back in shape soon!