If a drunk driver hit my parked car what can I do?
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If a drunk driver hit my parked car what can I do?
My car was legally parked out in front of my house. I woke up to cops telling me that my car was hit by a drunk driver. He ran on foot but they caught him. I currently have no insurance on my vehicle, he however does. I just don’t know what to do now I’ve never had to make a claim in my life.
I live in Oklahoma any knowledge would be
greatly appreciated thank you
Asked on August 30, 2016 under Accident Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you know who his insurer is (e.g. he gave that information to the police), you can submit a claim to his insurer: call them for the procedure. If they won't pay voluntarily and/or you don't know who they are, file a lawsuit against the drunk driver. Since he was drunk and he hit a stationary car, he was by definition at fault--you will almost certainly win, at which time he or his insurer will pay. You should sue for the full cost to repair your car, plus for any other out-of-pocket costs you incurred, like towing, or rental of a replacement car while yours is being repaired, etc. If the amount of your loss is less than the limit for small claims court, sue in small claims as your own attorney ("pro se")--you can get instructions from the court clerk's office. If more than the small claims limit, hire an attorney to help you.
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