Question 1

Does Auto Insurance Cover Drunk Driving Accidents?

Lawsuit Info Center · Accepted Answer

Yes, auto insurance covers drunk driving accidents. If the drunk driver has auto insurance, a local attorney can help you file a claim under his or her policy. This will involve proving that the other driver was drunk, proving the financial and non-financial costs of your injuries, and negotiating for a fair auto accident settlement on your behalf. If the drunk driver’s insurance company refuses to settle for just compensation, you will need an attorney to take your claim to court. There are also situations where you may be entitled to punitive damages due to the other driver being intoxicated, but in order to recieve them you'd have to file a car accident lawsuit, as punitive damages are never awarded in negotiations diretly with the auto insurer.

Question 2

How Much Will I Have To Pay An Attorney To Help With a Drunk Driving Accident Settlement?

Lawsuit Info Center · Accepted Answer

Attorneys generally charge the same fees for all types of auto accident claims. These are “contingency” fees, which means you only pay if you win. Most attorneys charge contingency fees in the range of 33 percent, though fees can range from 25 percent to 40 percent. Even taking these fees into account, you can probably still expect to take home more with an experienced attorney representing you, because the amount of compensation you'll get for the car accident will be significantly higher with an attorney's help than without, and this larger car accident settlement amount will often cover the entirety of the lawyer's contingency fees, and more. There is another instance when you'll definitely want to enlist the help of an experienced auto accident attorney - if your case goes to trial. This is often a good idea when you've been the victim of a drunk driving accident for a couple of reasons:

Punative damages in a car accident lawsuit can exponentially increase the amount of your payout. Punative damages are only available in jury trials, not in settlements negotiated directly with the insurance company. These are additional monetary fines ordered by the court as a way to punish a criminal, reckless, or negligent behavior, and as a deterrent for future offenders. Drunk driving would defintely fall into this category, along with speeding, road rage, drag racing, etc.
Publicize the damage, and punishments, done by drunk driving. Drunk driving is one of the most pernicious and deadly crimes in our society today. By dragging this bad behavior out into the open, you can bring more attention to both the dangers, and the punishments, associated with driving under the influence. Hopefully with increased awareness and more caution will come less drunk driving accidents.

Question 3

What Happens if I'm Hit By a Drunk Driver With No Insurance?

Lawsuit Info Center · Accepted Answer

If you're injured in an auto accident with a drunk driver who doesn’t have auto insurance, you may still have options available. For example, one option may be to seek coverage under your own insurance policy. If you have uninsured motorist (UM) coverage, now is the time to use it; and, if you have multiple vehicles in your household, you may be able to “stack” your coverage to seek additional car accident compensation. Additonally, if you think the at fault driver has assets, you can always file a car accident lawsuit and sue them in court, since you can't get a car accident settlement from their insurance company if they don't have insurance. In addition to getting compensated for your injuries, lost income, and property damage (just like if you were collecting a car accident settlement), you can also sue for punitive damages. This is not an option in car accident settlements negotiated directly through insurance, and are often attached to drunk driving car accident cases. Punitive damages in a car accident lawsuit are additional monetary penalties levied on the at fualt driver as a way to both punish illegal and/or reckless driving behavior (such as driving drunk) and as a deterrent to scare other people from repeating that behavior in the future.

Question 4

When is it too late to get a lawyer to help with your car accident insurance claim?

Lawsuit Info Center · Accepted Answer

It is only too late to get a lawyer to help with your car accident settlement if the statute of limitations for your claim has expired. A statute of limitations in car accident claims refers to the amount of time a plaintiff (or victim of a car accident) has to take a legal action such as filing a car accident claim with insurance or filing a car accident lawsuit in court. The statute of limitations for filing a personal injury claim varies from state to state, and is often different in cases of car accident related wrongful death, but typically varies from 1-5 years from the date of the accident. It's usually not a good idea to wait until the very end of the statute of limitations before you speak with or hire a lawyer for your auto accident claim. It's better to have some time to think through all your arguments, gather evidence, and wait until you've finished medical treatment before sending in a demand letter and trying to negotiate your car accident settlement. However, even if you are concerned that you may be out of time, you should still schedule a free consultation to make sure you know for sure how long you have to file your claim. The statute of limitations can be extended in some cases, and you do not want to accidentally lose your right to file.

Question 5

When should you contact a lawyer after a car accident?

Lawsuit Info Center · Accepted Answer

In terms of when to get a lawyer for your car accident, the answer is simple: You should schedule your free initial consultation as soon as possible. There is no reason to wait, and waiting could potentially make it more difficult for your lawyer to help you recover the compensation you deserve. Even if you have no intention of hiring an attorney, or if you still have a long recovery ahead, getting informed early is almost always a good idea, and will usually cost nothing.

Question 6

Will my legal fees reduce my car accident settlement amount?

Lawsuit Info Center · Accepted Answer

While your legal fees will be calculated as a percentage of your final car accident settlement amount, you are still likely to recover far more with the help of an attorney than you could recover on your own. For example, consider that:

The insurance companies usually won’t pay for pain and suffering unless you have a lawyer; and,
Your pain and suffering damages could make up the largest portion of your award.

So, even taking your lawyers’ legal fees into account, you will still take home more (and probably much more) if you have a lawyer on your side. When you schedule a free consultation, your lawyer will determine whether you have a claim to pursue, and your lawyer should provide an honest assessment as to whether he or she can help you collect more than you could recover on your own.

Question 7

How do car accident lawyers get paid?

Lawsuit Info Center · Accepted Answer

After asking, "How can a car accident lawyer help?", most people's next question is, "How much is a lawyer going to cost me?" Car accident lawyers get paid when they win a car accident settlement or jury verdict for their client. This “contingency fee” is calculated as a percentage of the amount recovered—usually between 25% and 40%. Typically, car accident lawyers will charge a lower contingency fee for claims resolved via settlement, and they will charge more if they need to take a client’s case to trial.

Question 8

Is a free consultation with a car accident lawyer really free?

Lawsuit Info Center · Accepted Answer

Yes, a free consultation really is free. Your free initial consultation is your opportunity to (i) ask any questions you want to ask, and (ii) receive a preliminary assessment of your legal rights. If you decide to move forward, you will only be charged a contingency fee if you win. If you decide to hire another lawyer, you will not pay anything for your consultation.

About Lawsuit Info Center

The Complete Guide to Understand and Maximize Punitive Damages in Auto Accident Settlements

The Complete Guide to Partial Fault in Car Accident Settlements

21 Ways to Increase Your Car Accident Settlement Amount

Are Car Accident Settlements Bigger When the At Fault Driver is Drunk?

20 Ways a Car Accident Lawyer Can Help With Your Insurance Claim

How Much is Your Car Accident Settlement Worth?

Latest Articles

How New Technologies May Pose New and Unique Distracted Driving Challenges

Understanding the Impact of Extreme Weather on Traffic and Driving Culture

How an Aging Population May Affect Roads and Transportation

How To Navigate Tensions Between Bicyclists and Drivers

The Unique Challenges of Commuting at Night

Connect