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You will likely encounter many legal issues if you are found guilty of DUI, often known as DWI or driving while intoxicated. DUI is a criminal violation. Whether or not you additionally contributed to a DUI-related auto accident in connection with the violation, that is true. However, many people do not think about how this may affect their auto insurance when dealing with the aftermath of a DUI-related accident. Others involved in a DUI-related accident may wonder if car insurance will compensate them after a drunk driver has injured them.
Have you or a loved one been involved in an accident? Contact Ali Awad, ‘the CEO Lawyer,’ and his team of experienced personal injury attorneys at the CEO Lawyer Personal Injury Law Firm by calling (833) 254-2923 or contacting us online to receive your free and confidential case evaluation. Attorney Ali Awad, ‘the CEO Lawyer,’ established the CEO Lawyer Personal Injury Law Firm and quickly turned it into one of the fastest-growing law firms in the country. If we take your case, you won’t pay anything until we win.
Varying Insurance Coverage Depending on Who Was Drinking
Several criteria determine whether or not injuries caused by drunk driving accidents will be covered by insurance. The most important factor to consider is if you were the drunk driver.
If You Were the Driver and You Operated Your Car While Intoxicated
Your insurance provider might not cover your damages if you were driving while intoxicated. Your insurance must still pay for any necessary emergency medical care even though it won’t cover your routine medical costs or any additional losses like lost earnings. This implies that your insurance will pay for any medical care required to prevent you from dying. However, that is the most likely extent of your coverage.
If you have been involved in a DUI-related accident, you may encounter a number of insurance-related issues, ranging from having your policy canceled to the insurance company refusing coverage of any personal injury or property damage claims made against you as a result of your DUI, depending on the state in which you reside and the automobile insurance company that issued your policy.
If a DUI Driver Caused Your Injury
If you were critically hurt in a drunk driving accident, the drunk driver’s insurance company is still responsible for your losses. You might anticipate the insurance company for the intoxicated driver to actively try to settle your case as soon as possible because liability is frequently obvious in these situations.
Insurance providers detest honoring claims. They will attempt to refute any accusation if at all possible. An insurance firm, however, frequently finds itself unable to refuse to pay a claim. In these circumstances, they will take all reasonable steps to minimize the compensation by undervaluing the claim.
The insurance provider is aware that it will probably be impossible to avoid compensating the victims when a drunk driver causes a collision. As a result, they will probably approach you and give you a lowball settlement offer before you have a chance to file a claim. They want you to believe they are throwing you a lifeline because they anticipate that you haven’t yet spoken with a lawyer.
Car Insurance Alcohol-Related Accident Coverage
Any event in which the policyholder (or someone else covered by the policy) drives carelessly and causes a car accident is normally covered by a liability auto insurance policy. However, auto insurance does not cover accidents brought on by deliberate behavior.
Some auto insurance companies like to claim that driving while intoxicated is intentional behavior because if that claim is upheld, the company will be able to refuse to pay for any losses you may incur as a result of a DUI, including losses related to your losses or injuries and vehicle damage suffered by the driver and/or passengers of the vehicle you hit (under your personal injury protection or similar coverage).
The insurer contends that the driver purposefully placed themself in a position to cause the accident, i.e., the driver purposefully drank alcohol, purposefully became intoxicated, purposefully operated a vehicle while intoxicated, and purposefully knew (or at the very least should have known) the dangers associated with drinking and driving.
If you cause an accident while under the influence, your motor vehicle insurer will, at the very least, look into the details of the collision before deciding to accept responsibility for any damages. If you have been accused of a DUI, it is best to speak with an experienced auto accident attorney to review your legal options related to your unique circumstances.
The insurer may decline to defend you or reject coverage for accident-related losses if it believes that you purposefully caused the accident. This is particularly true if you’re attempting to obtain coverage for harm to other motorists and passengers. However, the insurer may not make an effort to reject that claim if you’re asking for the insurer to reimburse vehicle damage under your collision coverage. You might need to employ a lawyer if your insurance company refuses to provide bodily injury coverage to persuade the insurer to change its mind.
Restrictions on Coverage
Your insurance will not defend you against a claim of purposeful misconduct or pay for costs associated with a charge of intentional misconduct, even if it agrees to defend you against damages related to your DUI accident.
As you may be aware, most personal injury cases are founded on negligence as a kind of fault (which means carelessness or the failure to act with reasonable caution). This is true because most people and businesses do not purposely harm others. However, infrequently, someone will intentionally do harm (which is usually defined as an intentional tort).
An attorney may occasionally include a claim for willful misconduct against the at-fault DUI motorist in a personal injury case involving a DUI. The insurance provider for the drunk driver will not cover the plaintiff’s losses if the matter proceeds to trial and a jury awards the plaintiff money damages for the driver’s willful wrongdoing. Damages for willful misconduct must be paid out of pocket by the defendant.
Insurance Policy Cancellation
An insured driver convicted of DUI is seen negatively by auto insurance companies. Why would the insurer want to cover a bad risk? The insurer would be better off simply terminating your coverage. However, most states have strict laws governing motor insurance. Some states don’t allow insurers to revoke your coverage due to a DUI. But you should anticipate that an insurer will do so in any state where it is acceptable under the law to terminate a driver’s auto insurance due to a DUI conviction.
Your Auto Insurance Premiums Will Increase
After a DUI conviction, your insurance company will most likely dramatically raise your premium, barring any ability to cancel your coverage. Additionally, you should anticipate that your new insurer would charge you a similarly high — possibly unaffordable — premium if your current policy is canceled and you need to hunt for new coverage.
What Kind of Penalties Are There After a DUI?
Although state rules vary, you should anticipate that a DUI will remain on your record for at least seven years. As long as a DUI is on your record, it will increase your vehicle insurance price.
Identifying Who Is at Fault in a Drunk Driving Accident
Liability in an automobile accident can be hard to determine. However, it is frequently much simpler when one of the implicated drivers was intoxicated. An intoxicated driver will almost always bear the majority of the blame for an accident, even though other parties may still share some of the blame.
A DUI accident attorney can assist you in establishing liability and strengthening your claim for compensation if you were hurt in an automobile accident caused by a drunk driver. One of the riskiest things a person may do before operating a motor vehicle is to consume alcohol. One of the main factors in car accidents each year is drunk driving.
Alcohol-related accidents frequently result in fatalities and serious injuries. You can acquire the funds you require from a drunk driving accident attorney to recover from your injuries and move on with your life.
Restoration of Damages Following a Drunk Driving Collision
If you suffered injuries in a drunk driving accident, you may be able to collect a variety of damages. You can be entitled to compensation for a variety of losses, including the following:
- Medical costs
- Potential medical expenses
- Income lost
- Property damage
- Distress and suffering
- Mental suffering
- Loss of support
- Permanent impairment
- A lower standard of living
You may also be eligible to receive punitive damages.
Even though they are only awarded in a small percentage of accident cases, punitive damages are frequently awarded when the at-fault driver was intoxicated. Punitive damages are intended to hold the responsible driver accountable for their actions. They are only given out when the driver engaged in criminal negligence or acted maliciously.
Drunk Driving Accident Lawyer
At the CEO Lawyer Personal Injury Law Firm, we have assisted a great number of people who were injured in accidents caused by drunk drivers in obtaining compensation from the motorist who was responsible for the accident. We will investigate filing a claim with the drunk driver’s insurance company or a lawsuit for personal injury on your behalf to obtain the necessary funds.
If you find yourself in need of legal assistance, the Georgia car accident lawyers at our firm are ready to assist you. Today is the day to schedule a free, no-obligation examination of your case by calling or contacting us online. We’ll look into your situation and respond to any questions you may have.
Call Ali Awad, ‘the CEO Lawyer,’ and his experienced team of personal injury attorneys today to receive a free, no-obligation consultation. We can assist you with exploring your legal options and avenues to ensure that you receive the representation you deserve in a drunk driving accident lawsuit. Contact the CEO Lawyer Personal Injury Law Firm by calling (833) 254-2923 or contacting us online.