Drunk driving accidents can result in devastating injuries and costly vehicle damage. If you or someone you love has been in a collision with an impaired driver, you may be wondering how to pursue compensation.
So, does insurance cover drunk driving accidents? Yes, insurance typically pays for drunk driving accidents, but the amount you receive will depend on the circumstances of the crash and the type of coverage available.
Drunk driving cases can be complex, especially when fault is disputed. If you’ve been involved in a crash with a drunk driver, a North Carolina car accident lawyer can help you file a claim.
Does Insurance Pay Out for Drunk Driving Accidents?
Yes, insurance typically pays for drunk driving accidents, but it depends on who caused the crash and what kind of insurance coverage is in place.
If the drunk driver caused the accident, their liability insurance should cover your medical expenses, property damage, and other losses, just like in any other accident. However, insurers may attempt to limit the payout or deny the claim, especially if the driver was breaking the law.
If you were the drunk driver, your insurance may still cover damages to other people or their property, depending on your policy. However, most insurers will not cover your injuries or damage to your vehicle, and your policy could be canceled after the incident.
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What Types of Damages Will Insurance Pay for?
Insurance can cover several types of damages after a drunk driving accident, including:
- Medical bills: You can recover compensation for hospital stays, surgeries, physical therapy, and other health-related costs.
- Property damage: You can be reimbursed for damage to your vehicle or other personal property.
- Lost wages: If your injuries keep you from working, you can receive compensation for lost income.
- Pain and suffering: In many cases, victims of drunk driving accidents can be compensated for emotional distress and physical pain.
- Wrongful death damages: In the event of a fatality, surviving family members can file a wrongful death claim through the at-fault driver’s insurance.
Some states also allow for punitive damages in DUI cases, though these are typically paid by the drunk driver, not the insurance company.
What to Expect From an Insurance Company After a Drunk Driving Accident
Even if liability seems clear, insurance companies are not always cooperative after a DUI crash. Some common tactics they use include:
- Offering low settlements
- Delaying the claims process
- Arguing about fault
- Requesting unnecessary documentation
- Denying parts of your claim
If you’re the victim, you may face resistance or delays when seeking fair compensation. If you’re the at-fault driver, your insurer might refuse to renew your policy or even drop you altogether. In either case, it’s important to contact a car accident attorney for assistance.
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How Do You File a Claim Against a Drunk Driver’s Insurance Policy?
If you’ve been hit by a drunk driver, you can typically file a third-party claim with their insurance provider. Here’s how the process works:
- Gather evidence: Take photos of the accident scene, obtain a copy of the police report, and collect witness statements.
- Get medical treatment: Visit a doctor to get treated and document your injuries.
- Notify the insurer: File a claim with the drunk driver’s insurance company. You may also want to notify your own insurer.
- Submit documentation: Provide medical records, repair estimates, wage loss documentation, and any other relevant paperwork.
An experienced personal injury attorney can guide you through these steps and negotiate a fair settlement on your behalf.
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How Can a Car Accident Lawyer Help?
If you’ve been involved in a drunk driving accident, a lawyer can:
- Investigate the crash and collect evidence
- File insurance claims and communicate with insurers
- Negotiate higher settlements
- Represent you in court (if needed)
- Provide legal guidance
What Happens if the Drunk Driver Has No Insurance?
If the drunk driver has no insurance, you still have these options:
- Uninsured motorist (UM) coverage: If you have UM coverage on your own policy, you can file a claim under it.
- Personal injury lawsuit: You can sue the drunk driver directly, though collecting from them can be difficult if they lack assets.
- Personal injury protection (PIP): In states where PIP is available, this coverage can help pay for your medical expenses and lost wages, regardless of who was at fault.
- Medical payments (MedPay) coverage: If you have MedPay, it can help cover your medical bills after the accident, regardless of fault or whether the other driver had insurance.
Will Insurance Cover You if You Are Drunk?
If you cause an accident while driving drunk, the answer as to whether insurance will cover you depends on the type of coverage you have:
- Liability coverage: Your insurer is legally required to pay claims to other injured parties if you caused the crash, even if you were intoxicated.
- Collision coverage: Your insurer may cover damage to your vehicle, but they could deny the claim if your intoxication violated their policy terms.
- Medical payments/PIP: Coverage for your medical bills may apply, depending on your policy and state.
The circumstances of the crash can also influence your coverage.
Does Insurance Pay for Your Car if You Get a DUI?
If you get a DUI, your insurance company will only pay for your car if you have collision coverage, and even then, it will depend on the terms of your policy.
Some insurers include exclusions for illegal behavior, such as driving under the influence. Others may honor the claim but raise your rates significantly afterward. In the worst case, your claim may be denied, leaving you to pay for repairs or a new vehicle out of pocket.
Contact DeMayo Law Today
Drunk driving accidents can be traumatic, but you don’t have to navigate the aftermath alone. Regardless of who was at fault for the crash, a car accident attorney from DeMayo Law Offices can protect your rights and help you navigate the insurance claims.
Don’t leave your financial future to chance. Schedule a free consultation today to discuss your case.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
