When you’re hit by a drunk driver, it feels obvious that you should receive compensation. After all, the other driver was breaking the law and putting lives at risk.
But while fault may seem clear, securing financial recovery is often more complicated than you may think. Insurance companies, state laws, and even the drunk driver’s financial situation can all affect whether you get the compensation you deserve.
In this article, our Las Vegas auto accident injury lawyers will walk you through the challenges of navigating drunk driving accident claims. This can help you protect your rights and create a smoother path to physical and financial recovery.
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Compensation Hinges on Different Variables
Drunk driving is illegal, so when you can prove the other driver was intoxicated, it often makes it very easy to establish fault in a car accident. Police reports, breathalyzer tests, or field sobriety tests are strong evidence. However, compensation isn’t only about proving fault. It’s about showing how the accident directly caused your injuries and damages and showing how severe those injuries and damages were. Then, there’s the matter of collecting the appropriate amount of money from the responsible parties.
For example, you might have medical bills, lost wages, and property damage. But the drunk driver’s insurance company may try to say that you were partially at fault in the accident. They may also claim that your injuries aren’t as bad as you say they are. Or they may argue that your injuries are related to a past accident. For example, if you were in a car accident five years ago, they may say that your current back pain is partially from that past accident, not the most recent one. When this happens, your claim can get complicated in a hurry.
Limited Insurance Coverage
Even if you prove the other driver was drunk and at fault, their insurance coverage may not be enough to fully cover your losses. Many states require only minimum liability coverage, which may not even come close to paying your hospital bills.
Imagine your medical costs total $100,000, but the drunk driver only carries $25,000 in liability coverage. Without other sources of recovery, you could be left with tens of thousands of dollars unpaid. In this case, there may be other avenues for pursuing compensation. You may be able to sue the driver directly or tap into your own uninsured or underinsured motorist (UM/UIM) coverage.
Uninsured Drivers
Some drunk drivers don’t have insurance at all. In these cases, you can’t rely on their policy to pay for your damages. You may have the option of suing the driver personally, but many uninsured drivers don’t have assets worth pursuing.
That’s where your own UM coverage steps in. If you carry this type of insurance, your policy can pay for your medical bills, lost wages, and other damages when the at-fault driver is uninsured. If you don’t have UM coverage, however, you could find yourself struggling to cover costs despite being the victim.
Damages Go Beyond Medical Bills
Compensation isn’t just about paying your immediate hospital bills. You may be entitled to compensation for lost wages, future medical expenses, property damages, and pain and suffering. But these damages aren’t always easy to prove. Insurance companies may claim your pain isn’t as severe as you describe or argue that you’ll recover quickly and won’t need long-term care.
To protect yourself, you need thorough documentation, including medical records, treatment plans, and possibly expert testimony. An experienced attorney can help you calculate these costs. For example, if you sustained a traumatic brain injury in the accident, you may be looking at years of therapy and medical appointments, and you may not know how much compensation to press for. In this case, a good brain injury lawyer can draw on past cases and a network of medical experts to clarify and strengthen your claim.
Comparative Negligence
Nevada has a “modified comparative negligence” policy. The good news about this policy is that if you were partially responsible for an accident, you can still get compensation—as long as you weren’t more than 50% at fault. The bad news is that if you share fault in the accident, your pay could be reduced by the percentage of your fault.
Even if the other driver was clearly drunk, they could still try to argue that you contributed to the accident by speeding, being distracted, or not wearing a seatbelt at the time of the crash.
Insurance Company Delays and Denials
You might expect that insurers would pay quickly when their policyholder caused an accident while drunk, but that’s not always the case. Insurance companies may delay your claim, request excessive paperwork, or outright deny certain expenses. Remember, their top goal is to save money.
Criminal Case vs. Civil Claim
When a drunk driver gets arrested, they will face criminal charges. However, the criminal case doesn’t pay your medical bills or cover your lost wages. Your recovery depends on pursuing a separate civil claim or insurance settlement. While evidence from the criminal case can help your civil claim, it doesn’t replace the need to take action yourself.
Punitive Damages May Apply—but They’re Not Guaranteed
In some cases, you may be eligible to pursue punitive damages. These are extra damages meant to punish the drunk driver for reckless behavior. However, they aren’t awarded in every case and often depend on the severity of the driver’s misconduct. And even if punitive damages are available, collecting them may be difficult if the drunk driver lacks insurance or personal assets.
Protecting Your Rights After Being Hit by a Drunk Driver
If you’ve been struck by a drunk driver, don’t assume that compensation will be automatic. To strengthen your case, you should:
- Seek immediate medical care and document your injuries
- Promptly report the accident to the police and your insurance company
- Gather and preserve all evidence, including photos of the accident scene, witness information, and medical records
- Consult with an attorney to understand your options
If your life has been upended by a drunk driver, it seems wrong that you should not only have to worry about the devastating physical and financial blows but also do battle with insurance companies.
The good news is that with the right strategy—and the right legal representation—you can understand your rights and take action to make sure you aren’t left paying the price for someone else’s reckless decision.