Who is Responsible for Covering the Costs Related to a Drunk Driving Accident?

The majority of car accidents do not qualify as criminal offenses.  There is no prison time to serve nor charges to face of any sort following a legitimate accident involving individuals legally operating their vehicles.  Unfortunately, a considerable portion of car accidents are the result of intoxicated driving.  The injuries resulting from such cases have the potential to be significant. This is precisely why drunk driving qualifies as a criminal offense.  The victims of drunk drivers and the family members of the deceased should immediately hire an attorney to obtain the compensation they deserve.  Let’s take a look at how to go about seeking financial compensation following an accident with a drunk driver.

Liability Insurance

The majority of drivers have state-required liability auto insurance.  This form of insurance covers costs in the event the driver of the vehicle who caused the accident was influenced by alcohol or drugs.  Some insurance companies do not cover the cost of injuries and damages for the driver at fault yet they will automatically cover, even if only in part, the damages incurred by the victim.  Accidents involving intoxicated drivers tend to be comparably severe so insurance providers sometimes push for a rapid settlement.  A quick agreement helps guard against potentially paying even more on down the line.  Yet the magnitude of the injuries, pain and necessary medical treatment will take some time to gauge with full accuracy.

As an example, consider a situation in which the insurance provider offers a settlement that covers the cost of the initial bills along with the replacement of damaged property.  Additional time might be necessary as time progresses as extended chronic pain occurs and the victim has a diminished ability to work.  If the victim dies a couple months following the accident as a result of injuries caused by that accident, it is possible to include a wrongful death charge as a component of the lawsuit.

Documents to Save

If you are a loved one are injured in an auto accident, start collecting evidence right away.  Document everything including phone calls with the insurance provider.  Keep track of all medical bills.  These bills provide proof of how much the other driver’s negligence has cost you up to this point.  If the doctor prescribes any medications or doles out advice, make sure it is documented in full.  The doctor might even recommend remaining in bed for extended periods of time which would make it impossible to work.

If you or anyone lending support suffers mental health problems following this unfortunate incident, chronicle each counseling session including the cost.  Any issues with depression, anger or other aspects of mental health should be documented in full as they might be causally related to the accident.  If you lost any income following the accident, document it down to the penny.

Be sure to contact your car insurance provider as your policy might cover some of your immediate expenses.  As an example, if you require a replacement vehicle, your insurance could over its cost at the moment and request reimbursement from the insurance company representing the insured party at a later date.  It might even be possible that your medical insurance will also help cover the cost of hospital care.  If the other driver is found guilty, the civil case will have that much more merit against the opposing insurance provider.  Testimony in court or even a witness statement will help support your case and your quest for compensation.

What About Uninsured Drivers?

The sad truth is some drivers lack the legally mandated liability insurance.  Such a situation makes it challenging to obtain compensation.  Those who have a single DUI conviction will find it extremely difficult to find a company to insure them and simply forego it, hoping they will not be caught driving while drunk or under the influence in the future.  Unfortunately, statistics show plenty of those found guilty of DUI end up with a second or third charge.

Your attorney might deem it prudent to pursue the other driver’s personal assets.  If the driver in the wrong owns a business or a home, the costs might be covered through the forced liquidation of those properties.  If the driver is a minor, the parents might have to pay for damages either through insurance or by way of the sale of personal property.  Those harmed by uninsured drivers lacking significant assets will have to rely on their attorney to obtain compensation from their own insurance provider’s policy.

Additional Liability

In certain instances, it makes sense to seek damages beyond the driver at-fault for the accident.  It might be possible to pursue compensation from establishments or even the individuals who sold or gave alcohol to the driver in the wrong.  Consider a situation in which a waiter serves alcohol to an individual who is clearly drunk.  This server might be found liable for subsequent injuries stemming from the ensuing drunk driving accident.  The business can also be found liable for damages if alcohol was knowingly served to an individual under the age of 21.  Social host liability laws are on the books to ensure party hosts do not let drunk individuals leave their home and drive while intoxicated.  These laws have the potential to hold such hosts liable for ensuing damages.

Being injured in a New Jersey car accident involving a drunk driver can be scary, financially difficult, and physically painful for all involved.  Be sure to hire a skilled New Jersey personal injury attorney such as Richard D Schibell to fight for the monetary compensation you deserve, so that you can focus on your recovery.

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