What to do if your car is hit by a drunk driver?

What to do if your car is hit by a drunk driver?

If you were not the impaired driver during the drunk driving accident, the drunk driver’s insurance policy should cover your medical bills and car repairs or the replacement of your vehicle. If the drunk driver’s insurance company refuses to pay, you can sue the insurance company and the drunk driver for damages in civil court.

What happens if your insurance company refuses to pay for a drunk driving accident?

If the drunk driver’s insurance company refuses to pay, you can sue the insurance company and the drunk driver for damages in civil court. No-fault States – No-fault states limit your ability to sue drunk drivers. In general, these states require that the accident cost a certain amount of money before the civil lawsuit can proceed.

What makes a car accident caused by a drunk driver different?

A car accident caused by a drunk driver is different than other types of car accidents because drunk driving is against the law.

Can a person Sue a person for a drunk driving accident?

You can sue the impaired driver regardless of the expenses incurred during the accident. Your ability to sue may be dependent on the insurance laws in your state. If you were drunk at the time of a car accident, you could be subjected to civil and criminal penalties as well as higher future insurance rates.

What happens if you get hit by a drunk driver?

One of the unfortunate aspects of many accidents caused by drunk drivers is that the driver either lacks a sufficient amount of car insurance coverage, or lacks insurance altogether. The possibility of bringing a Dram Shop claim against a bar, restaurant or club can be particularly important in this situation.

How does drunk driving affect your car insurance?

Section C dictates that there is no coverage where the insured operates a vehicle while under an intoxicating influence of drugs or alcohol, or permits someone else to operate the vehicle while intoxicated. This means that if a drunk driver crashes their vehicle, their insurance is not going to respond to pay for it.

Who is liable for a truck driver accident?

“Respondeat superior” (a Latin phrase meaning “let the superior answer” is the primary theory of liability that can hold a company responsible for a traffic accident caused by a truck driver employee.

Can a car insurance company not pay for a DUI?

Sometimes a lawyer in a personal injury case involving a DUI will add a claim for intentional misconduct against the at-fault DUI driver. If the case goes to trial, and a jury awards the plaintiff damages for the driver’s intentional misconduct, the DUI driver’s insurance company will not pay for those damages.