Drunk uninsured Driver hit my business, what can I do?
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Drunk uninsured Driver hit my business, what can I do?
Drun and uninsured driver crashed into
my business. In the process of this, I
found my insurance company has been
insuring my property incorrectly the
past 8 years, and that because it is
insured and a dwelling and not a
business property, they won’t cover
it…. what do I do?
Asked on August 18, 2016 under Accident Law, Iowa
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can sue the drunk driver for negligence. Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs to your business, lost income and any other costs incurred that were caused by the drunk driver.
As for the problem with your insurance company insuring as a dwelling and not a business and now refusing coverage, it would be advisable to contact the insurance commissioner in your state.
You should also consider suing your insurance company for negligence if the insurance commissioner is unable to resolve the issue to your satisfaction.
Negligence is the failure to exercise due care (that degree of care that a reasonable insurance company would have exercised under the same or similar circumstances to prevent foreseeable harm).
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