Options After a Drunk Driver Hit a Parked Car

Attorney Answer

This is about as clean a liability picture as this area of law produces. Your car was parked and you were asleep indoors, so there is no conduct of yours for anyone to put a share of the blame on. The work ahead is about getting paid properly, not about proving fault.

The governing standard is Cal. Civ. Code § 1714(a): "Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself." A driver who strikes a lawfully parked vehicle has failed to manage their vehicle with ordinary care, and the exception at the end of that section — injury a person brought upon themselves — has nothing to attach to when the owner was asleep in the house.

What you are owed is measured by Cal. Civ. Code § 3333: "For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not." That reaches the repair, or the vehicle's value if it is a total loss, plus towing, storage and reasonable substitute transportation.

California's claims regulations set the pace the driver's insurer has to keep. Under Cal. Code Regs. tit. 10, § 2695.5(e), an insurer receiving notice of a claim has no more than fifteen calendar days to acknowledge it, provide the necessary forms and instructions, and begin any necessary investigation. Under § 2695.7(b), it has no more than forty calendar days after proof of claim to accept or deny, in whole or in part, and under § 2695.7(h) no more than thirty calendar days after acceptance to tender payment. If the car is a total loss, § 2695.8(b)(1) requires a cash settlement based on the actual cost of a comparable automobile, including applicable taxes, one-time transfer fees, and the license and other annual fees for the remaining term of your registration, whether or not you buy a replacement — and § 2695.8(b)(6) applies those standards to third-party total-loss claims like yours. Section 2695.8(k) covers reasonable towing and storage, with notice before payment for storage is cut off.

One number depends on your date. For accidents before January 1, 2025, California's minimum liability limits under Cal. Veh. Code § 16056(a) were $15,000 / $30,000 / $5,000; they rose to $30,000 / $60,000 / $15,000 for accidents on or after that date. Your crash falls under the earlier floor, so if this driver carried only the minimum, the property damage layer may be thin. If you carry collision coverage, using it is a policy question rather than a statutory one — but if you do, Cal. Code Regs. tit. 10, § 2695.7(p) requires your insurer to tell you in writing whether it will pursue subrogation, and § 2695.7(q) requires it to include your deductible in any subrogation demand and to share recoveries with you proportionately until you have the whole deductible back.

The driver may also face criminal charges. That case is separate and will not pay for your car.

What you can do

1. Report the collision to your own insurer even if you intend to claim against the driver's.

2. Get the police report number and request the report when it is available.

3. Photograph the car, its parked position and the debris field before anything moves.

4. Ask neighbors for doorbell or security camera footage this week — most systems overwrite quickly.

5. Get a written estimate from a shop you choose. Under Cal. Code Regs. tit. 10, § 2695.8(e)(1), an insurer may not require that the vehicle be repaired at a specific shop.

6. Keep every receipt for towing, storage and substitute transportation.

7. If the driver was uninsured or carried only minimum limits, ask a local attorney about your own policy's coverages before you accept anything.

Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts with someone who practices in your area is worth more than any general guidance, including this page.

⏱ Time limits apply. Cal. Code Civ. Proc. § 338(c)(1) generally allows three years for a claim for injuring goods or chattels, which is the period that applies to damage to your vehicle. Where that period stands depends on facts a page cannot see, so have a local attorney review the actual dates rather than counting from the calendar.