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Answered 2012-09-16 21:03:54

If you have all of his insurance information and a police report and the stars are in alignment, yes. The insurance company is SUPPOSED to pay, even if the driver was doing something incredibly stupid, like driving while impaired. If the drunk is insured AND has some property of his own, the chances are pretty good that you'll be treated right. Call his insurance company and be cordial, asking how to get his car repaired/replaced and what kind of rental car he'll get while his is in the shop. If you get ANY resistance, hesitation or even reluctance to offer a rental car, suggest that your attorney will have to take care of this. Don't let them walk over you. You have the right to get your vehicle repaired and not be inconvenienced while it's being repaired. Don't be abusive or threatening, but don't put up with nonsense either. They're obligated, and you did nothing wrong.

Some insurance companies will try to turn it all around and make YOU feel like you're doing something wrong. Tell them that you'l let your attorney deal with it. Then, instead of paying an attorney, go to the state insurance board.

I disagree with the above statement. Most auto insurance policies will have an exclusion for something called "intentional acts" which includes if the At Fault driver was drunk. If your car was insured for collision and comprehensive coverage, your own insurance would cover the claim anyway and Behind the Scenes may try to collect against the at fault driver through what's known as a subrogation claim. So if you were insured with collision/comp coverage, then it doesn't matter what kind of coverage the other driver had and whether they were drunk and had their coverage denied.

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