How can I get money through restitution from DUI?
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How can I get money through restitution from DUI?
I was in an accident and the driver of the vehicle that hit me was arrested for DUI; they were in a company vehicle. The company stated that since he was off the clock they are not liable. My insurer totaled my car and is charging me my deductible. I am now out my car, my deductible and have to get into another car loan. We were not seriously injured so we are having a hard time finding a lawyer to take the case. Do you know of
a lawyer to take the case or know how we can get restitution from his dui for money we are out? We have dash cam video of the accident.
Asked on September 22, 2019 under Accident Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The only way to get compensation is to sue the at fault driver--the one driving DUI--in court. If the company/employer owned the car (you call it a company vehicle), you can also sue them: a vehicle's owner is generally liable for the accident caused by those who it allows to use their vehicle, if that person was at fault. (You'd be suing the company as the vehicle's owner, not as his employer; they are correct that an employer is not liable for what an employee does "off the clock.") Both the DUI driver and the vehicle's owner are potentially liable your costs and losses (e.g. the deductible), but you have to sue them and win in court by proving the driver's fault if they will not voluntarily pay.
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