A car accident is an upsetting experience that no one wants to go through. What makes the situation even more upsetting is when you are hit by someone who is driving drunk. In many instances, vehicles are totaled and victims are injured in these accidents and this creates financial hardship for you. Fortunately, there are some ways you can get compensated for your damages. The following are some questions you may have about this process.
What Do You Need to Do First?
After the accident is over and you have been seen by medical personnel, you need to start the process of collecting your evidence. Ideally, you should start this process at the scene of the accident if you are physically able to do so. If you cannot do this yourself, be sure to obtain copies of any photos taken by the police, witnesses, or traffic cameras. At the same time, you also need to retain an attorney.
Will the Other Driver's Insurance Cover Your Damages?
If the drunk driver has insurance, your attorney will be in touch with their carrier. You should not do this yourself because you will likely get frustrated at the length of the process. An attorney can deal with the carrier much faster as they know exactly what to do to get your compensation.
You are going to make a claim with the driver's insurance. Depending on the circumstances of the accident, your damages may or may not be covered. You may receive payment for a portion of your damages. Your attorney will make every effort to get you a fair and reasonable settlement. The final figure will be based on the type of coverage the drunk driver has. You may also be able to collect on your own insurance policy if the other driver's insurance does not provide enough coverage.
Can You Sue if the Insurance Is Not Sufficient?
If you do not believe the insurance settlement is sufficient to cover your damages, you have the option to file a lawsuit against the insurer or directly against the drunk driver. A lawsuit should include the expense of the physical damages of your vehicle and its contents, your medical costs, loss of wages, emotional trauma, and the like. Your attorney may also fight to get you punitive damages in a drunk driving case. With success, you should receive a settlement that is acceptable and covers your needs.
For more information, contact a law firm like Kaston & Aberle.
Hello, I'm Phillip Kerr and I just love the legal profession and courtroom drama. Have you ever watched judge shows on TV? I know that these shows are not an accurate representation of the courtroom, but there is something you may have noticed. Some individuals come into the courtroom well-dressed, articulate, respectful and with the knowledge and documents necessary to support a case, while others come unprepared, slovenly dressed and appear as if they do not have a care in the world. How you present yourself and the knowledge that you have of the law will have an impact on how you are treated, even if you have legal representation. This blog is designed to assist those who are going to trial in doing just that.