With more than 16,000 fatalities caused each year in the US, it’s easy to see why drunk driving is considered a national epidemic. Intoxicated drivers cause millions of dollars in personal injury and property damage each year, but gaining reimbursement is more complicated than most people think. Here, victims will learn the basics of liability, comparative fault, insurance negotiations, and more.
Although it’s safe to assume that insurance will cover a victim’s financial losses when they’re hit by a drunk driver, it’s important to consider the state’s insurance rules as well. Even a minor accident may result in serious injuries, and an at-fault driver’s insurer will do everything possible to minimize the payout. Don’t fall for the insurance company’s tactics, and be sure to consult a personal injury lawyer before speaking to an adjuster.
In a no-fault state, the victim’s insurer covers their injury claim, rather than that of the at-fault driver. Every jurisdiction has limits on PIP (personal injury protection) claims, many of which depend on the level of health insurance coverage the plaintiff has. Furthermore, a no-fault insurance policy will typically only pay about 75% of a victim’s lost wages.
In most cases, a drunk driver is held liable for injuries sustained in automobile accidents. However, there are some instances where both parties are to blame. In such a situation, the most important factor to consider is the accident’s proximate cause, which means proving that the other person’s negligence is more to blame. It is crucial to consider that, even in a crash ending in a wrongful death claim, both parties could be considered at fault.
Under- and Uninsured bankruptcy discharge
In some cases, drunk drivers involved in accidents will lack sufficient insurance coverage. Here, a victim may be able to file a claim against the establishment that served the defendant alcohol, or they may be able to file a claim against their own insurer under an uninsured motorist policy.
The Dram Shop Law
Other than the intoxicated driver, there may be other liable parties. Depending on bankruptcy help , a plaintiff may be able to file a claim against a person or business. Dram shop laws let injured people sue bars, restaurants, and even private hosts who provide alcohol to intoxicated guests.
Drunk driving accidents cause thousands of injuries and deaths each year, but there’s help available. If a potential client has a question about a DUI accident, slip and fall, or chapter 7 bankruptcy case, they can call today to schedule a consultation.