Drunk drivers can cause serious damage to your vehicle and the accident can cause serious injury. Also, the crash causes a great deal of emotional suffering to the victim.
Luckily, if you have a collision with a drunk driver, you have a high chance of winning a lawsuit. This is particularly true if you live in a state that isn’t a no-fault state. It also can improve your odds dramatically if the driver was convicted of drunk driving.
In addition, it is likely that you will have access to insurance benefits if you are hit by a drunk driver. In some cases, your own insurance may pay if the driver was uninsured. However, this depends on the insurance plan that you have, and how much is in it.
What States Are No Fault States?
Most states are not no-fault states. In fact, only 12 out of 50 states are no fault. These states are Florida, New York, New Jersey, Pennsylvania, Michigan, North Dakota, Utah, Kentucky, Kansas, Hawaii, Massachusetts, and Minnesota.
Do You Still Have Options In A No Fault States?
There still might be ways that you could sue a drunk driver if you live in a no-fault state. If the amount of damage exceeds a certain threshold, you will be able to pursue legal action against the driver. However, this amount varies between states.
How Do Insurance Benefits Work?
If The Driver Had Insurance:
If the driver had insurance, they are very likely to compensate. This is especially true if the driver was convicted of a DUI, OUI, or DWI. It also is very likely to occur if the drunk driver was convicted of a lesser charge, such as DWAI. This is because lawsuits in this situation tend to be exceptionally costly for insurance companies. Therefore, if there was a conviction, there is a good chance of the case not going to court. This is especially true if the driver had an especially high blood alcohol concentration and was convicted of an aggravated DUI or DWI.
If The Driver Didn’t Have Insurance:
If the driver didn’t have insurance, you’re much more likely to have to sue the drunk driver directly. This can result in less compensation.
However, this is not always the case. In fact, some insurance companies cover damages caused by an uninsured driver who was at fault. However, this may or may not cover the cost of medical bills, and it also won’t provide an additional amount for pain and suffering. Regardless of the details about who had insurance or what your specific laws are in your state, the first thing you should do after making sure you are okay is call an experienced lawyer who can help handle the negotiations with the insurance company and seek damages if appropriate.