What To Do If You Are In A Wreck With A Drunk Driver

by David Michael Zagoria on Aug. 20, 2014

Accident & Injury Car Accident Accident & Injury 

Summary: What Happens If you Are Hit By A Drunk Driver


When it comes to driving under the influence, it is a personal responsibility to make sure we are not putting others in danger on the road. We can be responsible by staying under the legal alcohol limit and abstaining from drug use. Unfortunately, we cannot be certain that others are taking the same precautions we are, which is why it is still possible to end up in an accident with someone driving under the influence.

When you are involved in a car crash, insurance claims and subsequent payments come down to who is at fault. That point can sometimes be debatable, depending on the circumstances of the accident, unless you are involved in an accident with someone driving under the influence. In the majority of DUI cases, it will be the fault of the person under the influence of drugs or alcohol.

If You are Involved in an Accident with Someone Who Is Under the Influence

  • First and foremost, call the police. You will need them on the scene to not only file a police report, but to provide a sobriety test to the other driver in order to have it on record that they are driving under the influence. It is important for your police report to include all information regarding the other driver's drug and/or alcohol consumption or possession.
  • Assuming you are not injured to the point where you are incapable, take photographs of all the damage to your vehicle and yourself. This will assist you in your claim negotiations later.
  • Get checked out by medical professionals. Even if you aren't hurting right now, you may feel pain later, and you will want that documented for your claim. It is also likely that you will have any treatment costs reimbursed.
  • Gather every bit of evidence along the way. Be sure to keep all documentation organized, including police reports, photographs, medical records and bills. This will make your efforts that much easier when you are negotiating a settlement.

Now that you are prepared to request a settlement, this would be the time to call in a personal injury lawyer. It is likely that the insurance company will want to go through a series of negotiations before agreeing on a settlement, and this could only cause more grief after an already stressful situation. A knowledgeable personal injury lawyer will take the guesswork out of negotiations and do the fighting for you. They are also skilled in asking the right questions and pushing the insurance company to the point that will get you highest settlement possible.

If you choose to fight for a settlement without the assistance of a lawyer, be prepared for the insurance company to counter-offer several times. Though they would prefer to settle out of court, keep in mind that it is their job to try and get the lowest settlement while you are fighting for the highest. However, this does not mean you should settle for whatever they throw back at you. Remember that you are a victim of someone else's carelessness and all damages should be compensated.

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