Will Insurance Pay if an At-Fault Driver Was Drunk?

Accidents involving drunk drivers can be complex and stressful, especially when it comes to insurance claims. You might wonder, “Will my insurance cover the damages if the at-fault driver was drunk?” The answer isn’t always straightforward. Let’s break down the process to help you understand your rights and options in these situations.

Insurance Coverage for Drunk Driving Accidents

When an at-fault driver is intoxicated, insurance should typically cover the damages. However, complications can arise. Insurance companies aim to minimize payouts, especially in DUI cases, and they may look for ways to reduce their liability or deny claims altogether. It’s important to be aware of your rights and know that even if the other driver or their insurance adjuster claims they won’t cover the damages, you should still file a claim.

If the insurance company denies your claim or doesn’t fully compensate for your injuries, you have the option to appeal the decision. This involves providing additional evidence, negotiating, or even getting legal help to ensure that you receive the compensation you deserve.

Proving Fault in Drunk Driving Accidents

Proving that the drunk driver was at fault is critical to receiving compensation. Even if a driver was drunk, it doesn’t automatically mean they will be held responsible for the accident. In rare cases, a drunk driver might not be at fault, and in such situations, compensation might not be available if fault cannot be established.

To prove fault, you need to demonstrate negligence. This involves showing four key elements: duty, breach, causation, and damages.

• Duty: Every driver has a legal duty to operate their vehicle responsibly and obey traffic laws, including not driving under the influence.

• Breach: A driver breaches this duty when they drive while intoxicated, as it is both illegal and unsafe.

• Causation: You must prove that the drunk driver’s actions directly caused the accident. This can sometimes be challenging, as insurance companies may argue that other factors contributed to the crash.

• Damages: Finally, you must show that the accident caused actual damages, such as medical expenses, vehicle repairs, or pain and suffering.

Evidence is key in establishing these elements. Gather police reports, witness statements, and any other relevant documentation to strengthen your case. If a lawsuit becomes necessary, this evidence will be crucial in proving your claim.

Understand the Insurance Company’s Investigation

After an accident, insurance companies conduct their own investigations to determine who was at fault. Even if you’re sure the other driver was responsible, the insurance company might still try to shift some of the blame onto you or find ways to reduce the payout. They may collect evidence, interview witnesses, and even scrutinize your statements for inconsistencies.

It’s 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 that could be used against you. 

If the insurance company offers a settlement that doesn’t fully cover your damages, remember that you have the right to negotiate or seek further compensation through legal means.

Legal Options If Insurance Doesn’t Fully Compensate

If the insurance payout is insufficient, or if your claim is denied, you can file a personal injury lawsuit against the drunk driver. This legal action allows you to seek compensation beyond what insurance may offer, covering additional costs like long-term medical care, lost wages, and non-economic damages such as pain and suffering.

While pursuing a lawsuit can be time-consuming and requires substantial evidence, it can also provide a more comprehensive resolution. Before taking legal action, consult with an attorney who specializes in personal injury cases. They can guide you on the best steps to take, including gathering necessary evidence, filing paperwork, and representing your interests in court.

Filing a Claim: Essential Steps After a Drunk Driving Accident

After an accident with a drunk driver, your first step should always be to file a claim with the insurance company. Here’s a quick guide on how to proceed:

• Collect Evidence: Document the accident scene, take photos, and gather contact information from witnesses. This will support your claim and help establish fault.

• File a Police Report: Always call the police after an accident, especially if the other driver was intoxicated. A police report can provide crucial evidence of the driver’s BAC level and condition at the scene.

• 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 miscommunication.

• Seek Medical Attention: Even if your injuries seem minor, visit a healthcare professional. Medical records will serve as evidence of your damages and support your claim.

• 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 and fight for fair compensation.

Impact of Drunk Driving: Statistics and Financial Implications

Drunk driving remains a serious issue across the United States. According to the CDC, nearly 30 people die daily due to drunk driving accidents. These accidents are not only tragic but also costly, with a reported economic impact of $44 billion each year.

Louisiana, for example, sees nearly 2.5% of drunk driving incidents annually, with over 5,000 arrests and more than 10,000 accidents involving a driver with a BAC over .01. These statistics highlight the importance of stringent measures against drunk driving and the need for victims to seek rightful compensation.

Can I File a Claim Without an Attorney?

An attorney is not required to file an insurance claim or a lawsuit. However, an attorney can help relieve some of the stress involved with collecting evidence and communicating with both the insurance adjuster and the other side. 

While an attorney is not always necessary, if a driver has experienced great injuries and the other side is being difficult, it may be wise to consult with an experienced personal injury lawyer. When filing a claim, before hiring an attorney, it is best to consult the insurance policy and see what options a driver has. 

Get Your Free Consultation

If you’re considering legal action or need assistance with your claim, AKD Law Firm is here to help. We offer free consultations to review your case, answer any questions, and discuss your best options moving forward. Our experienced personal injury attorneys specialize in drunk driving accident claims and are committed to fighting for the compensation you deserve. 

Don’t cope with this challenging process alone—reach out to AKD Law Firm for expert guidance and support without any upfront financial commitment. Contact us today to schedule your free consultation.