Can You File a Claim Against a Drunk Driver?

Drunk driving is both a traffic violation and a serious criminal offense that can result in jail or prison time and hefty fines. Drivers who get behind the wheel while intoxicated endanger not only their own lives but also those of other road users. Victims of drunk driving are entitled to pursue compensation from a negligent driver for any injuries, fatalities, or other damages caused. If you were involved in a crash that involved alcohol impairment, here’s how you can file a claim against a drunk driver with help from a car accident lawyer.

How to File a Claim Against a Drunk Driver

Just because a drunk driver was involved in your car accident doesn’t guarantee compensation. Insurance companies might fight the claim or offer a low settlement that falls short of your total damages. To win a claim against a drunk driver, you have to prove a breach of duty of care by showing that they were impaired. Your drunk driving accident lawyer will gather evidence, such as a police report, eyewitness statements, your account of the driver’s behavior after the accident, a DUI conviction, and so on to prove fault. You have to prove the drunk driver caused your injuries and damages, as well. With a successful claim, you can recover compensatory and noncompensatory damages like medical bills, property damage, pain and suffering, and lost wages, among others. Punitive damages, meant to punish the driver and prevent other people from committing a similar act, might also be included.

What if the Drunk Driver Is Uninsured?

If a drunk driver causes an accident, you’ll be filing a claim against their auto insurance company. But what if the driver has no insurance? You can file a claim with your insurance company if your auto policy includes uninsured motorist coverage or personal insurance protection (PIP). Another option is to file a civil suit against the drunk driver and recover your losses through their assets. Under Georgia’s dram shop laws, you can also collect compensation from an establishment or vendor that sold alcohol to an already intoxicated patron (the negligent driver) or a party that’s below 21 years of age.

Seek Help from a Drunk Driving Accident Lawyer

Were you involved in a car accident caused by a drunk driver? You can file a claim to hold the negligent driver accountable for all the monetary and non-monetary losses you have suffered. Start by speaking with a drunk driving accident lawyer from The Nye Law Group to determine whether and how you can file a claim. Get your free case review now by calling 912-200-5230 or filling out the form below.