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Our parked car was hit by a drunk driver | Can we sue for the difference to replace the car?

by Shell

So our work truck was parked legally on the curb and was hit by a drunk driver in the middle of the night. The insurance company has deemed the truck as a loss due to the damage that was caused to the frame. We now have to replace the car but was only given 8k.

We took really good care of that truck and it had low mileage and we just had new tires and preventative tunup on it.

So now we are stuck with having to buy a used/new to us truck, we will not be able to find a comparable vehicle for the amount they are giving us. We will have to pay at least 5-7k more and now have to incur a car payment to get a good running vehicle with low miles and that suites the same us.

Is there any way to go after the drunk driver for the difference, since we didn't need to go find a new truck until she caused the accident.

The truck was just fine and is our livelihood.


Hello Shell,

You can use anyone for anything. Unfortunately, you are only entitled to actual cash value / fair market value; not replacement cost.

You are encourage to talk to a lawyer.

Please see our section on total loss here:

Good Luck

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