Not every accident you’re involved in is your fault. Unfortunately, the number of accidents caused by drunk drivers is rising every year. This means that there are high chances that you could do everything right and still get into an accident. Accidents caused by drunk drivers can range from a minor dent to a life-threatening crash. And in the latter, the extensive car damage and bodily injuries will burden you with huge bills.
In this case, it’s clearly the drunk driver’s responsibility to take care of your expenses through their third-party liability insurance. But the problem arises when they are uninsured. If you are curious to know what options you have in a situation like this, you need to read this detailed guide. We will take you through the process of getting coverage when the driver at fault is uninsured.
Steps To Take When You Are Hit By A Drunk Driver With No Insurance
Here are the steps that you should take when you get into an accident with a drunk driver with no insurance to pay for your expenses:
1. Gather Sufficient Evidence
If you are not severely injured, the first thing that you should do is gather evidence against the driver. This includes noting the car’s number and getting the details of the person behind the wheels.
Make sure you take pictures of the accident as well as the state of the driver. It would be great to find witnesses to the accident or CCTV footage that will prove your innocence. All this evidence will make your case stronger.
2. Call The Police and Seek Medical Attention
Contrary to common accidents, the need to call the police in case of a drunken accident is higher. This is because driving under influence (DUI) is a criminal offence, so the police might want to arrest the driver at fault. An official complaint will also help your case.
Once all these formalities are taken care of, make sure you seek medical attention. In case you are severely injured, seeking medical attention is the first thing that you should do.
3. Check If You Can Raise A Claim With Your Own Insurance Provider
If the drunk driver at fault does not have sufficient third-party liability insurance, you can opt for uninsured motorist coverage. As the name explains, this policy finances your bills in case you were hit by someone who does not have or has insufficient third-party liability insurance.
However, it’s not a legally required insurance policy hence not everyone will be in a position to raise a claim with their own insurance provider with this policy.
Even if you do not have uninsured motorist coverage, you will certainly have either comprehensive or collision coverage. Initially, the main focus should be on paying the medical bills and car repair charges. Your own insurance policy can take care of that while you prepare to file a lawsuit against the drunk driver.
Filing A Lawsuit Against A Drunk Driver: Everything That You Need To Know
Sometimes, even if you think of letting the at-fault driver go scot-free, your own insurance policy might fall short of covering your expense. In this case, you might be on the hunt for a legal solution to make the driver compensate for your losses. So here is a list of everything you need to know before filing a lawsuit against that driver.
When Should You File A Lawsuit Against Drunk Driver
If you’re getting compensated for your losses by the driver or your company, you might not feel the need to file a lawsuit. After all, legal routes are complicated, tedious, and also come at an additional expense.
Here are two situations in which filing a lawsuit might be your only resort:
- If your own policy is not enough to pay for your expenses and the at-fault driver refuses to compensate.
- In case your insurance company wrongfully denies your coverage claims, you reserve the right to file a lawsuit against them as well.
Reputed insurance providers like Surex keep the customers’ convenience at the top of the priority list. Hence, you will seldom face wrongfully denied settlement issues.
However, not every insurance provider is fair. If you are confused about whether you should file a lawsuit or not, you should consult a lawyer.
It’s also wise to consult a competent lawyer before accepting a settlement offer if there is one. Sometimes, insurance companies try to settle the case for a much lower amount than the actual value of damages. But, again, a professional lawyer will be able to review the settlement offer and evaluate if it’s fair compensation.
Evidence For Filing A Lawsuit
This is where the advice mentioned above of calling the police will come in handy. To prove the driver’s guilt, you need evidence that will show they were drunk.
If the cops were called to the accident scene, they would indeed have a detailed report. The report would include the driver’s state when they were found and how they behaved. The cops might also take a roadside breath test which will further strengthen your case.
This evidence will also assist you in case you plan to file a lawsuit against your insurance company. It will prove that they are wrongfully withholding your funds when you have all the rights to claim the coverage.
Once you have consulted your lawyer and gathered all the evidence, the final step is to file a lawsuit. However, since lawsuits and trials can be costly, you need to consider if you have the mental and financial capability before proceeding any further.
You open doors to countless possibilities of accidents the moment you take your car out on the road. In case of an accident with a drunk driver, well-planned auto insurance from a reliable insurance provider will ease the battle for you. It’s also important to be aware of your rights when you get into an accident. More importantly, opt for reputed companies like Surex to ensure smooth claim settlement.