Drunk driver demolished my car!
On Saturday night I visited friend and parked my car just behind his on his driveway. I should point out I was completely off the street for about half a meter. Next to his car there were another 2 cars that belong to his sons and another car parked on the street. About 10.30 PM we heard big explosion and we thought someone dropped a bomb in front of his house. We all run out to see whats going on and I couldn't see my car any more? I thought someone stole it. Then when we went further I saw my car completely demolished and turned sideways against his sons cars. Further down there was Toyota Celica completely smashed, we rushed to the car and opened the door to help a driver. She was crying and saying she is sorry for what just happened. It was obvious she was very drunk! Amazingly she was able to walk and talk to us like nothing happened. But then when she saw the damage she caused she almost collapsed so we called ambulance and police. Ambulance arrived first and they couldn't believe she is in one piece when they saw what happened. Police arrived and they couldn't test her for breath test because she was hysterical at this point and they had to take her to hospital where they confirmed she was very drunk. Police put yellow stickers on all damaged cars. She damaged 5 cars including hers but my was the worst damaged and according to police its write off. Her car is write off as well. Why she suddenly turned right into my friends driveway and crushed all those cars is unknown. Police said she probably fell asleep.
Now, I have third party insurance only. She is insured but police said insurance wont pay because she was drunk? I called my insurance (Budget Direct) and they said I have to do it myself because she has insurance? They said if she didn't have insurance they would help me with her paying me for my car? This doesn't make sense to me? We called her insurance and they said she didn't lodge her claim yet even tho we have police reference number and report. They said they have to wait for her to lodge the claim. Everyone is saying her insurance wont pay because she was drunk? And that we have to sue her to pay for damage? We have all her details, including her insurance (AAMI) policy number, driving license number and police report reference number.
What can I do in this situation? How can I get at least some money for my car? It looks to me that as long as you are drunk no one can do anything about it. Drunk people have more rights than we do.
BTW she visited my friend yesterday afternoon and said she is sorry. He told her she has to pay for all the damages and all that, she said she will be in contact, but when he tried to call her today as soon as he said who is calling she hang up!
This is so frustrating. And I need new car as well.
bob
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