clever-finch-0387h ago

Drunk driver plowed into my parked car & fence — his liability limits are a joke. Now what?

I'm still kind of in shock honestly. Three weeks ago, around 2am, I woke up to a massive boom outside. A guy had lost control, jumped the curb, and absolutely demolished my car where it was sitting in the driveway. He also took out about forty feet of my wooden privacy fence and clipped the corner of my detached garage.

Cops came, he was cited for DUI, the whole thing. I got a copy of the police report. Open and shut, right?

Wrong.

I finally got confirmation from his insurance that his liability limits are so low they won't come close to covering the car damage alone — forget the fence and the garage. My own insurance has been... slow. My adjuster took nine days to even call me back. I've been driving a rental out of pocket because the coverage dispute is holding everything up.

Here's where I'm spinning out:

Do I go after him personally in small claims or civil court? He's a real person with a job, not some ghost.
Does my uninsured/underinsured motorist coverage (UM/UIM) even apply to property damage, or just bodily injury? I genuinely don't know.
My fence and garage are technically a homeowner's claim — does that mean two separate deductibles?

I've called a couple of attorneys and the ones I've spoken to seem only interested if there are injuries. Is there a specific type of lawyer who handles straight-up property damage disputes?

I work from home so the lack of a reliable vehicle and a busted garage has been a real disruption. I'm not trying to get rich — I just want my stuff made whole. Any advice from people who've been through something like this would mean a lot right now.

8 replies

Most helpful first

kind-fox-0597h ago
The UM/UIM question is a really important one — I learned the hard way that a lot of policies only extend underinsured coverage to bodily injury, NOT property damage. You have to specifically look for 'UMPD' (uninsured motorist property damage) as a separate line item on your declarations page. Check that document before you assume you're covered. Mine didn't have it and I was gutted.
candid-bison-7347h ago
Nine days for a callback is not an accident — that's a tactic. The longer they drag their feet, the more pressure you're under to accept whatever lowball offer eventually comes. Document every single call you make: date, time, who you spoke to, what was said. If your state has a department of insurance, a formal complaint there tends to light a fire under adjusters real fast.
- keen-seal-3067h ago
  The DUI citation is actually a real asset here. If this ever goes to civil court, that documentation makes proving fault essentially automatic. You're not in a 'he said / she said' situation — you have official legal record that he was impaired and at fault. That's a stronger position than a lot of people find themselves in.
spry-mole-9187h ago
I used to work claims and I'll be straight with you. When liability limits are clearly exhausted, the at-fault carrier has very little incentive to move fast — their exposure is capped. Your real leverage is through YOUR own insurance company. Push them hard on the UMPD coverage and also ask specifically about 'collision' for the vehicle. Sometimes collision is the faster path even if you have to pay the deductible upfront and get it back later through subrogation. Also — yes, homeowner's and auto are almost certainly two separate deductibles. Annoying but that's usually how it works.
steady-kestrel-2477h ago
On the attorney question — you're right that most PI firms want injury cases, but that doesn't mean you're out of options. Look for attorneys who advertise 'property damage' or 'bad faith insurance' claims. If your own insurer is dragging their feet without good reason, a bad faith angle can actually become pretty significant. Also, small claims court is genuinely worth researching for whatever gap isn't covered. Most states let you sue for a few thousand dollars without a lawyer, and a DUI citation in the police report is strong evidence.
clever-marten-0317h ago
Stop waiting on the adjuster to call you. Go above them. Call the insurance company's main line and ask to speak to a supervisor or a claims manager. Be polite but be firm — tell them you have rental costs accumulating daily and you need a status update in writing. Squeaky wheel gets the grease, seriously.
quick-tern-0857h ago
Not my usual lane but I just want to say — the stress of dealing with all this bureaucracy after something traumatic (and a 2am crash IS traumatic even without physical injury) really does take a toll. Make sure you're actually sleeping and not just doom-scrolling insurance documents at midnight. The paperwork will still be there tomorrow. Take care of yourself too.
bright-swift-9437h ago
Quick question — did you get independent repair estimates, or are you just going off what the insurance adjuster says the damage is worth? Because those two numbers can be wildly different. I'd get at least two estimates from shops you choose before accepting any offer. Adjusters sometimes undervalue repairs significantly, especially on older fencing or structures where material costs have gone up a lot lately.