Serious Property Damage from DUI Driver...

[LooneyBin]

My parents (elderly) live in NJ. One late night a DUI driver crashed into their mailbox and front tree line. The police arrested the individual and we are unsure if he was drunk or on drugs but he was definitely under the influence. The police apparently bagged some evidence. The problem is that the trees are irrepelaceable (20yr old specialty large junipers). My parents are hesitant about hiring an attorney because they do not want to start a whole law suit and pay high hourly rates for an attorney. In fact, my father has cancer and goes in for chemo regularly. This is the last thing they needed. I am currently a law student but very far from home, so I am familiar with general tort liability. But, practically speaking, I would really like to find out what is the best road to take under these sensitive circumstances. If it were me, I would sue because I have a feeling the insurance company will definitely quote lower than the actual extent of the damage. I strongly have urged my parents to do an initial consultation with an attorney and NOT to accept any payments from anyone. I would really appreciate any advice on the matter. ~Frank

 

[dee_dub]

The circumstances aren't very sensitive. At most, the amount of damages will be controversial. Your parents have insurance? I don't know why they'd bother doing an IC at this point. Wait and see what the insurance company quotes before considering suing.