Do Insurance Companies Pay for Drunk Driving Accidents?

If you are a victim of a drunk driving accident, insurance companies should pay for your damages through the at-fault driver’s liability coverage or your own uninsured/underinsured motorist coverage.

When you sustain damages from a drunk driving accident, state law allows you to pursue financial compensation from the at-fault party. However, when it comes time to receive your settlement, you should also receive a payout from the drunk driver’s insurance company.

Our Carrollton drunk driving victim accident lawyers are here to help you receive maximum compensation after being impacted by a DUI accident. We are ready to help you get started on filing your claim. Call us today to learn more about all of your legal options with a free consultation.

Why Insurance Companies Must Pay for Drunk Driving Accidents

When you get into an accident, the at-fault party’s insurance should pay for it. However, many people falsely believe that insurance companies will not pay out for drunk driving accidents because they think these accidents are intentional.

While driving drunk may be intentional, drunk drivers do not intend to get into a car crash. Due to the lack of intent, insurance companies should pay out when a drunk driving accident occurs.

There are, however, some instances where the insurance company will try to deny all liability and not pay for any damages. You will then need a lawyer to help negotiate a settlement on your behalf.

Types of Damages Insurance Companies Will Pay for

Some of the most common damages an insurance company will pay for include:

• Lost wages or reduced earning capability
• Medical expenses, such as hospital visits and prescriptions
• Medical equipment
• Vehicle repairs or replacements
• Any damage to property
• Pain and suffering
• Loss of consortium
• Loss of enjoyment of life
• Mental anguish

There are two types of damages you can pursue compensation for: economic and non-economic. Economic damages are fixed in value and are calculated with your bills, receipts, or other types of financial documents.

Non-economic damages are not fixed in value and vary depending on their severity. Therefore, you may need the assistance of a lawyer to help accurately quantify these damages.

Insurance Companies Do Not Pay Punitive Damages

Under the Official Code of Georgia Annotated (OCGA) §51-12-5.1, Punitive damages are awarded to victims of intentional accidents through a grossly negligent action, with malice, or with fraud.

Drunk driving counts as a grossly negligent action, and the court may impose a fine of up to $250,000, in addition to whatever settlement they are ordered to pay.

Punitive damages, also referred to as exemplary damages, generally are not paid by the insurance company. Instead, the drunk driver will need to pay punitive damages out of their own pocket.

Handling Insurance Claims After a Drunk Driving Crash

Dealing with insurance companies after a drunk driving accident can be overwhelming, especially while you’re recovering from injuries. Understanding your rights and having guidance throughout the process is crucial to getting fair compensation.

We help you during the entire claims process, from filing initial claims to negotiating settlements. Key steps include:

• Report the accident promptly: Notify your insurance company and provide accurate details of the crash.
• Document your injuries and damages: Keep records of medical treatment, vehicle repairs, and any other related expenses.
• Preserve evidence: Collect police reports, witness statements, and security footage to support your claim.
• Communicate carefully with auto insurers: Avoid giving statements that could be used to minimize your claim.
• Negotiate a settlement: Work with your attorney to help you receive fair compensation for all damages.
• Consider legal action if needed: If the insurance offer is insufficient, your lawyer can guide you on filing a personal injury lawsuit.

With professional guidance from our team of Carrollton personal injury lawyers, you can face the insurance claims process confidently and maximize the compensation you deserve.

Georgia Is an At-Fault State

The National Highway Traffic Safety Administration (NHTSA) states that one person dies from a car accident involving drunk driving every 42 minutes.

There are countless more injured due to the negligence of those who get behind the wheel while intoxicated. By holding them accountable for their actions, you can receive compensation through their insurance company.

Georgia is an at-fault state, which means that the at-fault party’s insurance will pay any claim you bring forward after a motor vehicle accident. To get your DUI accident settlement quickly, it is best to file as soon as possible. While there is no guarantee that negotiations or a trial will end quickly, the faster you start, the better.

Expect Resistance from Insurance Companies

Insurance companies are only interested in protecting themselves. Remember that insurance companies are businesses. They will seek to guard their assets and will not part with them easily.

Treat whatever they tell you with skepticism and don’t agree to anything they say without first consulting with an auto accident attorney in Carrollton.

Some of the most common tactics insurance companies use to pressure you into taking a settlement less than what your damages are worth include:

• Exploiting your financial situation and offering cash fast
• Stalling the legal process, so your financial situation worsens
• Reaching out to you under the guise of being helpful but ultimately trying to get you to admit fault for a DUI accident that was not your fault

Just knowing a focused Carrollton car accident lawyer is on your side is enough to make the insurance companies reevaluate their strategy. Many claims get settled out of court, but we will not shy away from escalating your claim to trial if an insurance company is being particularly stubborn by refusing to compromise.

Is It Worth Filing a Personal Injury Lawsuit After a DUI Crash?

If you were injured in a DUI crash, filing a personal injury lawsuit can be a crucial step in pursuing full and fair compensation for your medical expenses, lost wages, pain and suffering, and any long-term impacts on your quality of life.

While the at-fault driver’s insurance may cover some damages, policy limits are often not enough to fully compensate victims, and a lawsuit can provide a way to recover additional funds. Filing a lawsuit also holds the drunk driver accountable for their reckless behavior.

An experienced auto accident attorney can help you face the legal process, gather critical evidence (like medical records, police reports, accident reports, and security footage), negotiate with insurance companies, and fight to maximize your compensation, ensuring your rights are protected.

Always File a Claim for Your Damages

Many of the injuries associated with car accidents can result in expensive medical bills and lasting physical damage that can negatively impact your life forever. Therefore, it is essential that all of your expenses are covered and your damages properly compensated.

Insurance companies love to fight against drunk driving accident victims and will try to pay only the bare minimum for their damages. Negotiating for a settlement alone can be extremely difficult and often yield meager financial compensation. Before you settle anything, always seek legal assistance first.

When negotiating with the insurance company, it’s a good idea to have legal representation from a highly skilled DUI accident lawyer like those at John Foy & Associates. We are prepared to hold the drunk driver accountable and fight for compensation to cover your medical bills and more.

How a Car Accident Lawyer Can Help You if You’ve Been in an Alcohol-Related Crash

While insurance companies are supposed to pay for your damage after a drunk driving accident, this isn’t always the case, as stated previously. Many insurance companies want to protect their bottom line, and if that means paying you less, they will do that with no hesitation.

Our drinking and driving crash lawyers can help you get a fair settlement by:

• Calculating your damages accurately.
• Ensuring that you get your voice heard during negotiations and that the insurance company takes your damages and motor vehicle accident seriously.
• Gathering essential evidence related to your drunk driving accident to support your claim.
• Taking your drunk driving accident claim to trial if necessary.

Our car accident lawyers never accept any payment up front, so don’t worry about any legal fees. We only take payment out of your settlement that we help you win. So if we can’t win compensation for your motor vehicle accident, you owe us nothing in return.

Your Time Limit to File a DUI Crash Claim

Always keep in mind that you don’t have all the time in the world. There is a statute of limitations for how long you have to file a claim against the drunk driver and their insurance company to compensate for your damages.

You typically have two years in Georgia, although this can be even shorter depending on the circumstances. In general, you shouldn’t wait to file. Instead, always try to build a strong case and negotiate for a settlement as soon as possible while the evidence is still fresh.

If you wait too long to file a DUI crash claim with an auto accident attorney, evidence can deteriorate, and the insurance company will have an easier time claiming your damages aren’t as severe since you didn’t take immediate action.

Call the Personal Injury Attorneys at John Foy & Associates Today to Get Started for Free

So, do insurance companies pay for drunk driving accidents? The short answer is yes. It may seem confusing how to begin your personal injury lawsuit, but our road accident lawyers will help you understand your case and pursue a fair settlement.

With over 350 years of combined legal experience, the DUI accident lawyers at John Foy & Associates have helped many clients with cases similar to yours. We are dedicated, honest, and will work hard to win for you. Contact us today for a free consultation, then visit our FAQ page to learn more.