What can I do if I was injured by a drunk driver?

Question

I was stopped at a red light when I was struck by a drunk driver. I was on a motorcycle.  I've been in the hospital since June 4.   I haven't gotten a police report or even know if the guy has insurance.  I had to have my leg amputated.  The hospital wants to send me home. What can I do?   I need a prosthetic leg and therapy!

Spencer Farris · Answer

Contact a lawyer immediately. You should have a copy of the police report by now, or someone should get it on your behalf. The problem in serious cases like yours is collecting your damages. Drunk drivers rarely have enough insurance or assets to satisfy a judgment, and every day that you delay is another day they can use to hide the assets they have.

Reza Torkzadeh · Answer

The most important decision you can make is to immediately seek the advice and services of an attorney who has experience handling motorcycle accidents - and specifically with injuries similar to yours.

Jared Altman · Answer

You have an excellent case. It looks like you need the assistance of an attorney. You should hire one right away and let them help you. You can call me if you have any questions.

Eric Chandler · Answer

There are a lot of things you can do.  It all depends on who hit you and what insurance coverage is available (both his or her insurance and your insurance).  You should contact an accident lawyer nearby as soon as possible.

Gregory Casale · Answer

Hire an attorney. You have what sounds like a great case. If you want to discuss this in more detail call me at the numbers listed below. Do not speak to insurance adjusters or anyone until you have a good lawyer representing you. We only handle serious personal injury cases. We do not manufacture cases out of fender benders and have a good reputation for being honest and getting the most for our clients. If you would like to discuss this in more detail call me at the numbers below. I would be happy to assess your case for you. There is no obligation and no fee unless we get you a settlement.

Josh Lamborn · Answer

Unfortunately, as a motorcyclist you likely do not have personal injury protection (PIP) coverage on your insurance.  PIP is a no fault provision that covers your medical expenses and lost wages in the first year after your accident (up to a minimum of $15k).  Since you likely do not have PIP you will have to use your health insurance to cover your bills.  If you don't have health insurance you should be able to apply to have the drunk driver's PIP cover you.  Your injuries are serious enough that $15k will not take you very far.  If you have been in the hospital since 6/4 you probably have exceeded that by now.  In that case you will have to cover your bills until your claim against the other driver is resolved.  This is requires some considerable skill to negotiate with your health care providers.  I often advocate for my clients with their providers to get them to allow my clients to make nominal monthly payments until the case is resolved.  Most providers understand that they will eventually get paid and they want to work with you rather than send you to a collection agency.  If I were you I would consult with an attorney as soon as possible.  If I received a call from someone in your position I would be down to the hospital immediately to talk to you and collect evident (pictures).  I would then contact the police and the district attorney to get a copy of the police report.  I would then use that information to open a claim with the bad guy's insurance company. Cases like yours are difficult and can take a long time.  You do not want to settle the case for whatever the insurance company offers you out of the gate.  They will try to settle the case for the lowest dollar figure they can.  It is important that you determine what the policy limit is and whether the defendant has any personal assets prior to settling your claim. I know that is difficult when you are trying to pay your medical bills and are unable to work, but that is what the insurance company is relying on.

Sam Louis Levine · Answer

I am so sorry that this happened to you.  You need to speak to a passionate & caring attorney who'll advocate for you.  I am happy to speak with you.  Likewise, there are many other capable lawyers who could also assist you.

Joseph Lipsky · Answer

We are sorry to hear of your tragic situation.  As Florida Attorney's who only represent victims of serious personal injuries and car accidents, we strongly urge you to immediately contact an experienced attorney to fully investigate the facts surrounding your accident.  Such an investigation may reveal various sources of recovery for your obviously significant medical issues.  We offer free no obligation consultations for situations such as yours.

Steven D. Dunnings · Answer

You can sue the guy, but it might not be worth while if he had no auto insurance

David Stoddard · Answer

You may wish to call an attorney to look into getting a wreck report and see what insurance is available.  You can begin checking yourself.  You may wish to call the Solicitor's Office,  Sherriff's Department, or Highway Patrol in the county where the accident occurred to see if there is a felony DUI case with you as a victim (if you do no already have this info).  Through these agencies, you should be able to get enough info to order a wreck report. Often drivers have the minimum $25,000.00 insurance.  I have used techniques that have allowed me to collect more than the minimum.

Timothy Klisz · Answer

You certainly have a case against the drunk and may have claims for medical bills from your motorcycle insurer. I would like to speak to you about this at your earliest convenience.

Vincent Bernabei · Answer

You should contact an attorney right away.  An attorney can help you determine if the other driver has insurance and how much.  If you have Personal Injury Protection (PIP) benefits, that will pay some of your medical bills and lost income.

Everett Walton · Answer

You should contact a personal injury lawyer as soon as possible.

Lyle Masnikoff · Answer

You need to hire a personal injury attorney right away. If the driver who caused the accident has insurance, then you will have a claim against the driver and owner of that vehicle. He may also be entitled to insurance that you have or that someone whom you live with has. Call an attorney right away.

Andrew Myers · Answer

If the police have not contacted you, someone needs to do the running for you to obtain the police report and determine if there is coverage. Generally, the primary coverage on medical bills in a vehicle accident is the operator's own insurer, through the medical payments provision.  If there is none, secondary would be health, with a lien to the third party carrier for the person who caused the accident.

Tim Jones · Answer

An investigation should be conducted immediately.  It is critical to determine where the defendant was drinking prior to the accident.  If the defendant was served while "visibly intoxicated", additional defendants may be implicated such as: a bar, restaurant or homeowner.   Insurance issues need to be sorted out so that your healthcare continues uninterrupted.   I encourage you to hire an attorney immediately, to ensure your rights are protected.

Elizabeth Moore · Answer

You can sue the person and you should also review your own Insurance policies to find out if you have under or unisured coverage. This also goes for policies of insurance for anyone you live with.

Robert Lucky · Answer

I am very sorry to hear what you have had to endure over the last several months. If you have been injured by a drunk driver, you definitely need a competent attorney who can help you determine why type of damages you can recover and from who and where.

Mark Leonardo · Answer

Well you obviously have a major claim here.  Have you been interviewed by police or notified to appear in court?  If there is a major injury like this they will usually prosecute the driver.  I just handled a similar case and my client who was injured was asked to testify in the criminal proceeding, but ended up not doing so.  The fact of the DUI and the criminal prosecution had the drivers insurance carrier essentially roll over and pay the policy limits.  Thats is the number you dont know here  does the driver have a $15,000 policy or a $500,000 policy.  Your insurance carrier, assuming you had one, might be helpful here. If you carry underinsured motorist coverage, your own policy would pay the difference between the drivers policy and yours, but only if your coverage is more than the drivers policy limit.  You need to speak to an attorney as soon as you can to ascertain all of your options.

John A. Collins, III · Answer

You have several options, some of which are time sensitive.  You may bring a claim against the drunk driver; we can find out whether and how much insurance he has.  If he has inadequate insurance, you may also be able to bring a claim, depending on your own coverage, against your own insurance carrier for underinsured or uninsured motorist coverage.  You may also be able to bring a claim against a bar or other individuals who may have served him while he was intoxicated.  The claim against the bar is known as a dram shop claim and a proper notice must be given to the bar within a relatively short time frame.  You may have other options as well but I would need to know additional information in order to assist you.

Francis Paul Hajek · Answer

You need to contact an experienced injury attorney right away.  A lawyer can find out what resources are available to help you.  For instance, an experienced personal injury lawyer can determine the insurance coverage limits of the driver who struck you and arrange for an asset check of the defendant.  The lawyer can also explore if there are any other potential sources of recovery.  I am sorry that you lost your leg and that makes it even more important that you consult a lawyer and protect yourself.  A good lawyer will also begin an investigation of liability and will try to preserve evidence.  If nothing else, an experienced injury attorney can advise you how to proceed in your situation.

Paul Whitfield · Answer

You may have a great case. You need a great lawyer. Assuming there is coverage. There is a good chance a drunk driver may be uninsured or at a minimal level. You need to do a credit check to see if the bad guy has any assets you can get to (real estate for example).

Steven Fink · Answer

Sorry to hear about your leg.  Have you contacted your own insurance company?  You should have some medical insurance coverage on your policy, even if the drunk driver has nothing.  You obviously need to get a copy of the police report and then hire a personal injury attorney to pursue the driver for your damages.

Travis Prestwich · Answer

I am so sorry to hear about your accident. There are many complicating factors in your case.  You need to speak to an experienced attorney right away.

Ronald Lowry · Answer

I am very sorry to hear about this terrible incident. Please accept my sympathy for the loss of your leg and my hopes for your recovery from your injuries. This is a liability claim against the driver of the car that struck you. You said that he was drunk and if the police did their job correctly (sometimes they do not) the driver was arrested, alcohol tested and cited with the appropriate criminal charges. That means that the facts of the incident and his intoxication were properly documented. That information can be used for a liability claim against his automobile insurer and, if applicable, against your motorcycle insurer or your automobile insurer (if you also own a car) for uninsured/underinsured motorist coverage. Do you have health insurance? That should provide you with a prosthetic limb. You may have medical payments coverage (med-pay) under your motorcycle policy or automobile policy (again if you have a car). You need an attorney who knows  about automobile/motorcycle claims as well as insurance coverage issues. Hire such an attorney IMMEDIATELY! Do not hire a divorce, criminal or will, etc. lawyer. They will not know what to do and will screw up your case.

Marty Judnich · Answer

You have a very complicated claim. However, from what you have described, as long as the other driver has insurance, you should have monies available for your therapy and what I would assume are very high hospital bills.

Andrew Velonis · Answer

You can get a copy of the Police Accident Report very easily:  Just make a request pursuant to Public Officer's Law Section 66-a.  You will have to show that you were involved in the accident, and of course provide enough information for them to find it (date, place, etc).  The report will have information concerning his insurance.  Automobile liability insurance is require in New York.  If he did not have insurance, you can file a claim with the Motor Vehicle Accident Indemnity Corporation.

Earl Straight · Answer

You need to hire an attorney ASAP.  An attorney can investigate the claim, find out who hit you, whether they have insurance and how much insurance they have, and can begin negotiations with the insurance company as quickly as possible.  An attorney will also explore any other sources of recovery to make sure you are fully compensated.

Mark Sternlicht · Answer

An attorney with experience in personal injury cases can help by getting the police report, finding out about the other driver's insurance, finding any insurance coverage that you may have, dealing with the insurance companies, and assisting you with many other issues that will arise in your case.  I recommend contacting an attorney as soon as possible.

Bernard Huff · Answer

Consult withand/or retain a personal injury attorney who should assist you in finding out whether the drunk driver carried insurance at the time of the accident which caused your injuries. If so, you can have a claim processedwith that person's insurance carrier. If liability is accepted, your medical and other related expenses should be later paid by that insurance company.The police accident report usually has the names of the parties' insurance carriers, if they have insurance.

James Kelaher · Answer

The first thing you need to do is find out if he has insurance, and a lawyer could do that for you very quickly. Additionally, if he was drunk, you have the potential for getting punitive damages, which increases the value of your case. I would contact a good personal injury lawyer right away, if I were you. If you don't know one, rather than just calling one you see on television, try contacting a lawyer you know for a referral to a very good personal injury lawyer.

Richard Lowell · Answer

You have suffered a horrible injury - and should contact an attorney for assistance. In general, as your attorney, we would first contact the police and obtain a report - so we could determine the identity of the driver who hit you. Hopefully, that person will have insurance. Just because the driver was drunk does NOT invalidate any insurance he might have. Did you have underinsured motorist coverage on your motorcycle? That would be another avenue for compensation. The only other way to get compensation from the driver is if he has sufficient assets.  Because the driver was drunk, you may also be entitled to compensation under a victim's compensation program. You should talk to the drunk driver's prosecutor about that.  Obviously, if you have medical insurance, they should take care of the medical bills. And before you are discharged from the hospital, make sure you speak with a hospital social worker.  They should be able to assist you with obtaining whatever benefits you may be entitled to.

Steven A. Schwartz · Answer

What a horrible tragedy.  I am so sorry to hear of this unfortunate event that has now changed the rest of your life.  In Massachusetts, you are entitled to make a claim for your pain and suffering.  There will definitely be a police report on file and if you hire a law firm, they can certainly obtain it for you.   Every car registered in Massachusetts is obligated to have insurance coverage for this exact type of accident. It is called bodily injury coverage.  There is a minimum amount to purchase, which is called a 20/40 policy.  This means that any person injured in an accident can go to the at fault party's insurance and can collect up to 20,000 dollars.  Of course, owners can purchase more than the minimum, and many do.  Again, a law firm can contact the at fault party's insurance and obtain the coverage limits.  There may be other places to go for additional insurance, and this can be looked into as well.  Given the severity of your injury, I strongly advise that you contact a law firm specializing in personal injury to help you obtain all that you may be entitled to.  This would include medical coverage, lost wages, pain and suffering, and compensation for permanency.  Stay strong.

William Allen · Answer

You need to get a lawyer to find out what you will be able to do in pursing the drunk driver.  Do you have any form of insurance...on your motorcycle or through work?  Or, are you potentially able to procure Medicaid to help you?  I would try to get with the hospital rep and see what can be done to get you the help you need.  But, I would first secure an experienced lawyer to help you.

Matthew Kaplan · Answer

I am extremely saddened to read about this horrific loss.  As soon as possible you should hire an injury attorney to help you in what could become a nasty case.  You may have some coverage under your own motorcycle insurance policy that could pay for some bills.  The person that hit you may have some auto policy as well.  The reason you really need legal assistance is you may have other claims you are not aware of at this point.  This can include a claim against any bar or tavern that may have served a visibly intoxicated person like the one that hit you.

Kevin Habberfield · Answer

First of all. I'm so sorry for what you have gone through. To answer your question, you can get a copy of the police report which will tell you who the driver was and who his insurance carrier is. You need to seek a personal injury attorney immediately. Sometimes driving while intoxicated can allow a person to claim punitive damages to discourage this conduct. This is in addition to compensatory damages for your pain and suffering. In short, from the sound of things you have a very good case and need representation. If you cannot find anyone in your area, contact me and I will find someone for you.  Good luck.

Gary Moore · Answer

You are entitled to sue the drunk driver and any bar or restaurant which served him alcohol to excess. To the extent that you have medical insurance coverage under the car you were operating your medical bills should be covered under your no fault coverage. Additionally, your car insurance coverage is required to provide coverage for an underinsured or uninsured driver injuring you. I would hope that your underinsured/uninsured coverage under your car's policy is quite substantial. The amount of such coverage is shown on the car insurance policy declarattion page issued to you for the current year of coverage at the time of the your accident.  You must file a claim with your car insurance for medical coverage, providing them with a copy of the accident report.  You need to obtain the services of an attorney.

Barry Rabovsky · Answer

You may have a case, based upon the information that you have supplied.

Eric Rothstein · Answer

You can sue him. Motorcycle policies generally do not have no-fault insurance coverage. does you policy have it? If not, how are you paying your bills? The police department only keeps the accident report for 30 days and then it goes to DMV and can take a long time to get. I suggest you send a friend or family member to the precinct to see if you can still get it. The report will indicate if the DWI driver has insurance.

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