We hope you find this information helpful!

If you need help with your personal injury case, click here.

How Does Being Hit by a Drunk Driver Affect My Insurance?

If you have been involved in an auto accident with a drunk driver, you might wonder how it will affect your insurance. Your claim for damages will be filed against the drunk driver’s insurance policy, and only if the damages exceed their policy limits, or if they don’t have any insurance would your policy have to pay out any damages and that would be through your uninsured/underinsured insurance coverage.

If you live in a no-fault state, your insurance would have to cover your damages, but you are still not at fault for the crash. If you cause a drunk driving collision, your insurance rates will go up. But if you were not at fault and you were hit by a drunk driver, then your rates shouldn’t increase but the insurance company will look at your driving history, claims history, and your insurer and adjustments might be made when your policy renews.

What to Do After Being Hit By a Drunk Driver

If you have been hit by a drunk driver, you should call the police and remain on the scene of the accident. You will need a police report filed. If possible, get photos of the scene of accident scene and of the damages.

You should get statements from any witnesses along with their names and contact details. Be sure to state the facts to the officer and not opinions, so they can be included in the accident report summary.

Establish medical care right away. You should go to the emergency room and be checked by a medical professional right away to establish medical care. Some injuries are worse than they initially appear, and some injuries aren’t apparent for days, so go get checked out.

Notify your insurance company of the accident. Although you aren’t to blame, they need to be aware of the situation, so they can be prepared for what might arise throughout the claims process.

How Does Being Hit by a Drunk Driver Affect My Insurance?

Damages That Might Result From Being Hit by a Drunk Driver

If you are hit by a drunk driver, your car will be damaged, so you will have property damages. You will also need medical care for your injuries.

You should take note of your injuries and maintain documentation of your damages, such as medical bills, proof of missed work and lost wages, written estimates for repairing your damaged vehicle, tow bills, and receipts for a rental car. Here are some common damages suffered in such an accident:

  • Medical expenses – past and future
  • Lost wages – past and future
  • Pain and suffering
  • Property damages
  • Loss of enjoyment of life
  • Loss of consortium
  • Permanent scarring and/or disfigurement
  • Mental anguish and emotional trauma
  • Disabilities

In some states, punitive damages might be awarded to punish the driver for his behavior. Punitive damages are intended to keep the driver from behaving in that manner again.

Consult With a Personal Injury Lawyer

If you have been hit by a drunk driver, you should talk with a personal injury attorney who practices in your state. With the help of an accident injury lawyer, you are much more likely to recoup compensation for your damages. Complete the Free Case Evaluation Form today!

Additional Resources

Do You Need Help Getting Justice In Your State?

Find out more below.


  • Arkansas    
  • California    
  • Connecticut    
  • Florida    
  • Georgia    
  • Idaho    
  • Indiana
  • Louisiana    
  • Maryland    
  • Massachusetts   
  • Michigan   
  • Missouri    
  • Montana    
  • Nevada    
  • New Hampshire    
  • New Jersey    
  • New Mexico    
  • New York    
  • South Carolina    
  • Texas    
  • Utah    
  • Virginia    
  • West Virginia    
  • Wisconsin    
  • Wyoming