VIC Car written off whilst parked outside our house. Can I sue?

[cbudge]

My car was parked outside my house when a driver whom blew over 0.05 smashed into it and wrote off both cars. The insurance won’t cover the cost of replacement as it was a rare car with an insurance limit. Do I have grounds to sue the driver and if so, how do I proceed?

 

[Scruff]

I think you should have someone look over your insurance policy before anything else. That kind of excuse renderes the insurance policy totally useless in my opinion, which raises the question of whether or not it's a fair contract to begin with.

 

[JedBartlet]

It was his fault so his insurance pays.

 

[Tim W]

My car was parked outside my house when a driver whom blew over 0.05 smashed into it and wrote off both cars. The insurance won’t cover the cost of replacement as it was a rare car with an insurance limit. Do I have grounds to sue the driver and if so, how do I proceed?

Whose insurance is refusing to pay? Yours or his?
Or is it just that yours is only paying up to the sum insured?