Jane Dotson
Being involved in a drunk driving accident can be a traumatic experience, and it is important to know your rights and the steps to take to ensure you receive fair compensation. Even if the drunk driver's insurance company denies your claim, you should still file a claim and consider seeking legal help to ensure you receive the compensation you deserve. This is a complex process, and it is important to gather evidence, including police reports and witness statements, to strengthen your case and prove that the drunk driver was at fault.
| Characteristics | Values |
|---|---|
| Whether drunk driving voids insurance | No, but insurers may view a drunk driver's claim differently |
| Whether being drunk makes a driver at fault | No, but it can be a factor in determining liability |
| What to do if a drunk driver is uninsured | Take down their information, call the police, and reach out to a lawyer |
| How to get compensated if a drunk driver is uninsured | File a claim with your own insurance company if you have uninsured motorist coverage |
| What to do if your insurance company denies your claim | Contact a personal injury lawyer |
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What You'll Learn
Drunk driving doesn't void insurance
If you have been in an accident where the other driver was drunk, their insurance company will likely cover your damages. Driving under the influence of alcohol or drugs is illegal, but if a drunk driver causes an accident, their car insurance policy will usually pay for the damages they cause, up to the liability limits of their policy. This means that their insurance company will pay for any damage to property and cover the medical bills of anyone injured.
However, there are some important things to keep in mind. Firstly, the drunk driver's auto policy might not be enough to cover all your losses, especially if you have long-lasting injuries or significant property damage. In such cases, you may need to explore other options to receive full compensation, such as checking if your insurance policy has under-insured or uninsured coverage. Secondly, determining fault in an accident can be complex and time-consuming. The police report, eyewitness accounts, and video footage can all serve as evidence to establish fault. It is important to gather and preserve as much evidence as possible at the scene of the accident. Additionally, the insurance company of the drunk driver will conduct a thorough investigation before accepting liability and providing any compensation. This process can take many months, and there is no guarantee that they will accept full liability or have sufficient policy limits to cover all the damages.
To protect yourself, it is recommended to use your own insurance coverage and pay your deductible upfront. Your insurance company will then attempt to recover the deductible from the at-fault party, up to their policy limits. If you are found not at fault, your insurance company may reimburse your deductible. Additionally, consider adding rental coverage to your policy, as you may need to rent a car while waiting for the other party's insurance company to settle your claim.
While drunk driving does not void insurance, it is essential to understand the specific details of your insurance policy. Every policy has exemptions and exclusions related to alcohol and drugs, and you may not be covered if you are unfit to drive, over the legal limit, or refuse to provide a breath, blood, or urine specimen. Therefore, carefully review your policy to know exactly what is and isn't covered.
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You can file a claim with your insurance company
If you've been in an accident with a drunk driver, your first step should be to file a claim with your insurance company. Here's a step-by-step guide on how to proceed:
Collect Evidence
Document the accident scene by taking photos and gathering contact information from witnesses. This will support your claim and help establish fault. Evidence is crucial when determining who is at fault for the accident. The police report, eyewitness accounts, and video footage can all be used as evidence.
File a Police Report
Always involve the police after an accident, especially if the other driver is intoxicated. A police report can provide evidence of the driver's BAC level and condition at the scene. It is important to note that being drunk does not automatically make the driver at fault, but if they are convicted of a DUI, this can be used as evidence.
Notify Your Insurance Company
Report the accident to your insurer as soon as possible. Provide all the necessary details, but stick to the facts to avoid any miscommunication. Remember that insurance companies will try to minimise payouts, especially in DUI cases, so it is important to be cautious when communicating with insurance adjusters. They may ask detailed questions or push for specific answers to weaken your claim. Always stay consistent in your story and avoid providing unnecessary information.
Seek Medical Attention
Even if your injuries seem minor, it is important to seek medical attention. Medical records will serve as evidence of your damages and support your claim. Ensure you keep records of all medical appointments and treatments related to the accident.
Consult an Attorney
If the insurance company denies your claim or offers insufficient compensation, consider consulting a personal injury attorney. They can help you navigate the legal system, fight for fair compensation, and negotiate with the insurance company. An attorney can also help you understand your rights and options, especially if the other driver's insurance policy is not enough to cover your losses.
It is important to act quickly, as there is a statute of limitations for filing a claim, which can vary depending on your location. While the process can be complex and stressful, it is crucial to stand up for your rights and seek rightful compensation.
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The drunk driver's insurance might not cover your losses
If you have been in an accident with a drunk driver, their auto insurance policy might not be enough to cover all your losses. Firstly, it is important to establish who was at fault in the accident. If the drunk driver is found to be at fault, their insurance company will likely cover your injury-related losses and damages, including bodily injury liability and property damage liability. However, if your injuries result in long-lasting impacts and debilitating pain and suffering, the drunk driver's insurance policy limit might not be sufficient to compensate you for all your losses. In such cases, you may need to explore other avenues to seek compensation, such as filing a claim or lawsuit against the at-fault driver or checking your own insurance policies for under-insured coverage.
It is crucial to review your own insurance policies and understand your coverage before an accident occurs. While auto insurers typically cover drunk driving accidents, the coverage provided depends on the specific insurance company and the circumstances of the accident. Some insurers may deny your claim if you were found to be at fault for the accident or if your actions are deemed intentional. Additionally, your insurer may increase your rates or even cancel your policy after a drunk driving conviction, regardless of whether an accident occurred.
In cases where the drunk driver's insurance policy is inadequate, you may be able to seek additional compensation through underinsured (UIM) coverage if you have purchased this option. UIM coverage can help pay for losses that exceed the drunk driver's policy limits. Medical payments (MedPay) coverage is another optional type of auto coverage that can help pay for medical expenses regardless of fault. Your health insurance may also contribute to covering your medical bills, but they may seek to recover part of your settlement or judgment if you receive compensation through an insurance claim or lawsuit against the drunk driver.
Dealing with the aftermath of an accident involving a drunk driver can be complex. It is advisable to consult with an experienced drunk driving accident attorney who can help you navigate the insurance claims process and seek fair compensation from all available sources. They can also guide you through the legal process if you choose to pursue a lawsuit against the drunk driver or any other liable parties, such as establishments that may have overserved alcohol to the driver.
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You can pursue financial compensation
If you have been in an accident caused by a drunk driver, you can pursue financial compensation for all the damages you incurred. You should not have to pay for any damages caused by the actions of an irresponsible driver. You can file a claim against the insurance company to receive financial compensation.
In most cases, the driver’s car insurance will cover the accident victim’s claim, even if the driver was under the influence of alcohol or drugs. However, the drunk driver’s auto policy might not be enough to cover everything you lost. If you have long-lasting injuries that cause debilitating pain and suffering, the drunk driver’s insurance policy will not be enough to compensate you for your losses. In that case, you will need to find other ways to win compensation.
You can seek compensation for economic and non-economic damages. Economic damages are fixed in value and are calculated with your bills, receipts, and other financial documents. These include medical bills, vehicle repairs, and lost wages. Non-economic damages are not fixed in value and vary depending on their severity. They include pain and suffering, emotional distress, and psychological trauma. A lawyer can help you accurately assess how much your pain and suffering are worth.
It is important to act fast and build a strong case. You typically have two years to file a claim, but this can vary depending on your location and circumstances. Evidence can deteriorate over time, and insurance companies may try to claim that your damages are not as severe as you state. They may also try to pay only the bare minimum for your damages. Therefore, it is essential to have legal representation when negotiating with the insurance company.
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The drunk driver will likely be arrested
If a drunk driver is pulled over by a police officer, the officer will likely ask them to perform a field sobriety test to determine if they are under the influence. The police officer may also request a roadside breath test, commonly known as a "preliminary alcohol screening" (PAS) test, to estimate the driver's blood alcohol concentration (BAC). These pre-arrest tests are typically voluntary, but refusing to take them may result in penalties, including an automatic license suspension. If the driver fails the sobriety test or their BAC is above the legal limit, they will likely be arrested and taken into police custody.
Once arrested, the drunk driver will be searched, their vehicle will be towed, and they will be transported to the police station for "booking." At the police station, the driver will be required to provide a breath or blood sample to determine their blood alcohol content (BAC). This test evidence can be used against them in court. Refusing to provide a breath or blood sample after an arrest can result in additional penalties and may still result in a conviction, even without the test results.
During the booking process, the police will take the driver's fingerprints and photographs, and the driver will likely be allowed to make a phone call. It is essential to use this phone call to contact a drunk driving attorney or ask a friend or family member to help with this. An experienced attorney can explain the legal options, explore potential defenses, and protect the driver's rights and freedom.
After being arrested for drunk driving, the driver will likely face serious fines and penalties if convicted. These penalties may include driver's license suspension, probation, and even incarceration. The specific consequences can vary depending on the state and whether it is the driver's first offense or a repeat offense. Additionally, the driver may be held liable for any damages caused in the accident and may face civil lawsuits from injured parties seeking compensation.
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Frequently asked questions
You can find out if a drunk driver has insurance by contacting the driver's insurance company. The company will conduct an investigation to determine the driver's liability. If the driver is convicted in criminal court, their insurance company might try to settle with you immediately.
If the drunk driver did not have insurance, you can collect compensation for your damages if your policy has uninsured coverage or underinsured motorist coverage.
If the insurance company denies your claim, you have the option to appeal the decision by providing additional evidence, negotiating, or getting legal help to ensure you receive the compensation you deserve.
