Subject: Hit and Run by a Drunk Driver – Need Advice!
Hi everyone,
I’m dealing with a frustrating situation. While I was away for a couple of weeks, a drunk driver hit my classic Land Cruiser, which was parked in front of my house. After crashing into my truck, they drove off and ended up totaling another vehicle just a half block away. Fortunately, my truck only suffered minor damage, but being a classic, repairs won’t come cheap.
I learned about the incident from the driver’s insurance before I even returned home. Unfortunately, I had just bought the truck and it wasn’t insured yet when it was parked—yes, I know, not my best decision. The coverage was set to kick in just a week after the accident!
The Progressive adjuster who assessed the damage informed me that the drunk driver has limited coverage, which raises concerns about how much they’ll be able to pay for my truck, especially given that the other car was totaled. I’m really worried that there won’t be enough funds left for my repairs, and the adjuster hinted that this could be the case.
Now I’m left wondering who will be responsible for the repair costs if that happens. The adjuster suggested taking the DUI driver to small claims court (I’m located in Colorado), but I’m unsure if I should pursue a claim with Progressive as well.
I’m feeling a bit lost here, so any advice would be greatly appreciated!
Oh, and if anyone is looking for tips on how to navigate a long ordeal with Allstate homeowners insurance after a house fire, I’m currently battling them after 28 months!
Thanks for your help!
I’m really sorry to hear about your situation; that sounds incredibly frustrating. Since your classic Land Cruiser was parked and not insured at the time of the accident, it complicates things a bit, but there are still options you can consider:
Assessing the Drunk Driver’s Liability: Since the drunk driver is at fault, you can potentially pursue them for damages. Taking them to small claims court is an option, especially if their insurance coverage is limited. However, you may want to consult a personal injury attorney to understand the potential outcomes and whether it’s worth pursuing.
Insured vs. Uninsured Motorist Coverage: If you have uninsured motorist coverage on another policy, it might cover damages from this incident. It’s worth checking with your current insurer to see if that could apply.
Going After Progressive: Progressive is the insurer for the at-fault driver, and they have an obligation to compensate for damages caused by their insured. If their adjuster suggests they’ll cover only a limited amount, and that amount doesn’t cover your expenses, you might still hold them accountable for the full amount. It could be worth reaching out to an attorney to discuss a potential claim based on what they will cover vs. what you need.
Small Claims Court: This can be a viable option for seeking damages, especially if the driver is unable to pay or if insurance payouts fall short. Small claims courts have specific limits on how much you can sue for, so check that it aligns with your repair costs.
Document Everything: Keep a detailed record of all communications with the adjusters, expenses related to the damage, and any relevant documentation like the police report. This will be invaluable whether you pursue the driver or pursue additional claims against the insurance company.
Legal Advice: Given the complexities – especially since the coverage situation and damage valuation could impact your case – speaking with a lawyer who specializes in auto accidents could be beneficial. They can help guide you on the best course of action.
Hang in there, and good luck with the process. It’s always a headache dealing with these situations, especially when your prized possession is involved.