I was hit by a drunk driver in January 2009 and it was not his vehicle. The person who owned the vehicle had insurance and I'm still fighting that one on personal injury. Can I file a civil suit on the driver for the extra cost of having to purchase a new vehicle? Mine was paid off and totalled at the time of the accident.

I'm somewhat confused - what State are you in?

Didn't the auto insurance for the owner pay the blue book value of your car?

If you were injured have you retained a personal injury Attorney?

I don't know if you are "fighting" over medical bills or pain and suffering.

It was paid off by the other party's insurance? No, I suppose not; you are still in litigation with them. You must have been paid off by your own insurance, I guess.

Your lawsuit should have included all losses sustained in the accident, including the damage to your vehicle. It may be too late to amend your complaint, but you can ask your attorney.

The state is Texas. Yes, the insurance company gave me blue book, but since I could not afford a $400 monthly note, I had to use my IRA account money to purchase a new vehicle. I have an attorney for the personal injury, but it looks like the only thing we are getting out of that so far, is medical bills paid. I received an permanent indention to my left leg that is very noticeable. But I had to put out $15,000 for a new vehicle (out of my pocket) and I'm told that I won't be able to get that back, it just doesn't seem right that the drunk driver only got 15 days in jail and doesn't have to pay for my vehicle.

The criminal aspect (how much jail time the other driver received) and the civil part (your damages) are, unfortunately, unrelated.

Your Attorney should also be addressing the cost of replacing your car BUT insurance makes you whole - you should walk out of this exactly as you went into this. For example, if you were driving a 2002 Ford at the time of the accident you can't then purchase a 2010 MB and expect the other driver to pay for it.

Details - ?

If the car was totaled, by definition you got reimbursed what the car was worth. You, in effect, upgraded to a better, newer car. So the driver could probaby be successful in claiming that you are not damaged in terms of car value.

Thank you to all that responded. I appreciate the assistance in understanding this matter. I do have another question though, my insurance company paid for the medical, my vehicle being totalled and my 6 weeks off work, does the total of all this combined with my personal injury suit, total what the liability insurance covers? Or is the personal injury separate?

In NY - and I'm sure Texas - personal injury is separate. It's a different part of the insurance coverage, at least in NY.

I realize that is not very helpful to you. Ask your Attorney (but I'm pretty sure I'm right).