Being hit by a drunk driver can make a personal injury or insurance claim or lawsuit easier to win. However, you there are still some things you need to follow and ensure to guarantee your claim are approved – factors such as the “no-fault” rules in some states can play a role in your insurance or injury claim, therefore consulting with a lawyer who practices personal injury claims in that state is important in order to have a valid claim. It’s a good idea to check out their website first, like this website for the Sampson Law Firm.
First and foremost, it is best to open a negotiation with the other party’s insurance company. In about all states in the US require drivers to carry a certain amount (at least the minimum) of car insurance. You should file a third-party insurance claim against the at-fault driver’s insurance company, and this will let them know of your intention of pursuing a full compensation; it may even provide a more fruitful compensation reward than going to court.
There are some situations where insurance companies will do anything to avoid facing a personal injury lawsuit. One such situation is when their client committed and is convicted with a DUI or DWI related to the accident. Going to trail can make the amount of compensation even bigger, especially since the judge or jury would sympathize with the victim after being hit by a drunk driver, showing the guilty party’s recklessness or disregard to other people’s safety as well as their own. It is in the insurance company’s best interest to have an out-of-court settlement in order to lower their losses and have more freedom with the negotiation.
In the dozen or so states that follow the “no-fault” rule regarding accidents, options for insurance or injury claims may be limited, but not impossible. In the event of an accident, you can file a claim against your own personal injury protection (PIP) coverage. This would help cover for your medical expenses despite the other party being the one liable for your injuries. These states can allow injury or insurance claims against the guilty-party’s insurance company if the injuries or medical expenses have reached a certain threshold, such as serious injuries or high medical bills.Read More