All U.S. states have mandatory insurance requirements for drivers who are registered to drive in the state. Even out of state drivers must also have insurance from their state of registration and most states have rules that include them too. These insurance requirements always include some minimum liability insurance, which tends to be in the $15,000 to $25,000 range per person who is injured by someone else’s negligence. This is fine if you have been hurt by a drunk driver who was carrying the minimum insurance cover, as long as your total medical and other costs do not exceed that minimum.
If you have been seriously injured and need lengthy treatment and / or surgery, that minimum may be nearly nearly enough. The at-fault driver becomes an underinsured motorist in insurance terms, even though technically they are within the law. A personal injury attorney will help you decide what your legal options are.
Drunk Driving Accidents
It is illegal in all states to drive while intoxicated. Most states stipulate that a blood alcohol level of 0.08% is sufficient to decide whether a driver is intoxicated, although blood alcohol testing is not perfect and sometimes other criteria are used by police to determine whether a driver was driving under the influence of alcohol. The fact that a drunk driver may be liable for criminal prosecution doesn’t necessarily help you if you were hit and were injured.
A driver who is convicted of DUI is not necessarily liable for your injuries unless you pursue a personal injury claim against him or her. If the driver was underinsured you still face the same problem as if the driver was not drunk. The only benefit of a criminal charge being laid against the driver is that it helps prove that the driver was driving negligently at the time you were hit. Often, personal injury claims are impossible or hard to pursue if proof of liability is difficult to obtain.
Filing a PI Claim After an Accident Caused by a Drunk Underinsured Motorist
You may file a claim against the drunken motorist as long as you are in an at-fault state, or are in a no-fault state but your injuries are serious enough to meet the criteria allowed by that state to permit you to file a civil claim against the at-fault driver. If you find that the driver’s insurance cover is insufficient to match your needs as stated in the claim, you have two options.
You may have underinsured motorist insurance cover yourself which you can use to cover any gap in the claim, or you can file a personal injury lawsuit against the driver and demand that he / she releases personal assets that can be added to the amount released by the driver’s insurance provider. Filing a lawsuit in the civil court will mean having legal representation, because it will probably involve a trial in court.
How a PI Attorney Can Help
Trying to obtain sufficient compensation from an underinsured driver can be problematic. A personal injury attorney can help you decide whether you have a good chance of suing the driver for the correct amount. This will depend on the driver’s financial status, any criminal charge against him / her and whether you have underinsured motorist coverage. Some states make underinsured motorist insurance mandatory and many drivers are unaware exactly what their insurance policies cover.
