Rear Ended By Drunk And Uninsured Driver And Totaled My Brand New Car That I Picked Up 2 Hours Before. Minor Injuries.

Location: Walnut Creek, CA

I was stopped at a red light on the exit ramp of a freeway when a car ran straight through me at near freeway speeds and my car did a 180 and was totaled. He also tried to drive off at first but his car was too messed up.

Anyways police arrived, he got arrested, they towed my vehicle, and we’re going to call insurance. I was okay at first so I denied an ambulance but I later got checked out at the ER for some back and neck pain after the adrenaline wore off. My girlfriend was also in the front with some minor back pain.

We plan on getting a lawyer, issue is he probably doesn’t have any money and he doesn’t have insurance. What would your guys next steps be? I’m documenting all the medical records, waiting on police report and my insurance, is there anything I’m missing? Insurance should be okay since we have full coverage, possibly getting less due to other party being insured?

Edit: Waiting to hear back from insurance. Basically we own two other vehicles, and we had a third that my new car replaced. The coverage on the three vehicles vary greatly in level of coverage, what we’re trying to figure out is what level my new car would be under, most likely the car we replaced which is at the middle level, if that makes sense.

Also we found out we have a 10 day grace period for my car. I guess at this point I’m not as worried as worried about the coverage for my car, just seeking advice on the legal side. I want to make sure I cover all ends and that I’m not missing anything or any little bits of pieces of advice. Thank you all for the help so far!