What type of lawyer would I need if my car gets totaled due to third party DUI? No physical injury but car is work tool.
Asked in Chicago, IL on January 5, 2026 Last answered on April 22, 2026My car was parked when a drunk driver hit it, causing damages to brakes, suspension, transmission, etc. Mechanic declared it total loss. Driver did not have insurance and due to the death of the copilot, she was detained but posted bond to get released. My car is my means to work, I have had to pay out of pocket for about all replacements to be able to continuing working. Car was ready to be traded in but now it is not possible.
1 answer
If your car is totaled by a third party DUI and you weren’t physically injured, you’re generally looking for a property damage attorney or personal injury attorney who also handles property damage claims. Many PI lawyers in Illinois handle both injury and vehicle loss/diminished value claims. Be sure to consider more than just the fair market value of your car, you will also likely have a "loss of use" claim or a claim for the at-fault driver to cover a comparable rental car for you. If your car isn't totaled and can be repaired, be sure to consider any diminished value the car has due to the reduction in value of the car being damaged and repaired. Because your car is a work tool, you’ll want someone experienced in recovering not just the fair market value of the vehicle, but also loss of use damages (the income you lost or the cost of a rental substitute).
In straightforward cases, you may be able to resolve the claim directly through the at-fault driver’s insurance. But if the insurer undervalues your car, denies loss of use, or drags its feet, an attorney can help you. That said, many attorneys handling property damage only may charge a flat fee or by the hour instead of a contingent fee, so you should make sure it is financially worthwhile to involve an attorney.
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