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

Question

I was hit by a drunk driver. The car I was driving belonged to my boyfriend who I living with. At the time of the accident I was not on his insurance. Am I still covered to make a claim against the other driver?  What should I do?

Eric Chandler · Answer

Yes, most likely.  If you were injured, contact an accident injury lawyer in your city.

Lyle Masnikoff · Answer

Yes.

Robert Lucky · Answer

Yes, you are still covered to make a claim.

Janice Alfred · Answer

You need not be on the owner's insurance to be able to file a claim against the other driver.  Hopefully, you did seek medical attention right after the accident and continue to receive treatment if you are not 100% better.  Consult with an attorney to assist you in pursuing your claim.

Spencer Farris · Answer

You are covered on his insurance unless specifically excluded. You also would be covered under the policy for any vehicle you owned in most instances. Whether you have coverage or not does not keep you from pursuing the drunk driver for your injuries, however. You should speak to an attorney immediately.

Stephen Lombardi · Answer

Drunk driving cases are something I'm specializing in handling so your question is one I enjoy answering. You are covered on the claim and also may be covered by the bar where the drunken driver drank just before the accident. Your claim requires a lawyer's assistance.

James Kelaher · Answer

If you have your own car, you make a claim under PIP on your own car's insurance. If you do not own your car, then you can make a claim under your boyfriend's car's insurance (occupant of the vehicle). You can still make a claim against the other driver for your out-of-pocket medicals and lost wages (after PIP has paid) and for your personal injuries if you were permanently scarred in the accident or have suffered a permanent injury.

Francis Paul Hajek · Answer

In your personal injury case, the drunk driver is responsible for your injuries.  If the drunk driver has insurance, you can recover from the insurance to the extent of the coverage, depending on the severity of your injuries.  If the driver has no insurance, the insurance covering the car which you were driving will cover you if it has uninsured motorist coverage. You are also covered under any policy of auto insurance which you have or which is in effect for your household.  For instance, if you live with your parents and they have auto insurance, you are covered by that policy if you are injured in a car accident even though you may not be in a covered vehicle.

Andrew Velonis · Answer

As far as medical bills and loss of income is concerned, you are covered by the BF's No-Fault coverage, because you were driving the car with his permission.  But, the time limit for making an application is very short.  As to the other driver, you are making a claim against him, so your BF's insurance has nothing to do with that.

Ajibola Oladapo · Answer

Yes. Get the owner of the car to make a claim against the driver. He is at fault even though drunk.

Council Wooten · Answer

Yes, but you may also be covered under your boy friend's coverage.

Jared Altman · Answer

Yes. You're covered. In order to sue for being injured in an car accident you have to sustain a "serious injury" which includes death, dismemberment, a broken bone, loss of a fetus, significant disfigurement and certain other specific kinds of lesser injuries including being disabled for at least ninety of the first one hundred and eighty days following the accident. If you meet these tests then you can sue. No Fault from the car you were in will cover your medical bills and lost wages.

Steven Fink · Answer

You do not need insurance to make a claim for injuries.  You can sue the drunk driver for your damages and your boyfriend can sue the drunk driver for damages to his car.

Mark Sternlicht · Answer

The fact that you were not listed on your boyfriend's insurance has no bearing on your claim against the drunk driver and his or her insurance company. You should talk to an attorney who handles car wreck cases and has experience with claims against drunk drivers.

Michael Mckell · Answer

Yes you can and should bring a claim against the drunk driver.  Drinking and driving violates clear safety standards set forth our society and laws. When a needless safety violation occurs, it is important to pursue legal action as a deterrent to other who drink and drive.  As a society we need all need to stand up against drunk drivers by bringing legal action.    Additionally, if you are covered as an operator of your own car, your own coverage would apply.  If you were injured, you may have medical coverage known as Personal Injury Protection (PIP).  The state minimum requirement is that each driver carry $3,000.00 of PIP coverage.  PIP benefits are NO FAULT benefits which mean that your insurance company will pay up to $3,000.00 of medical benefits regardless of your fault or the fault of the other driver. You should contact your own insurance carrier if you are insured on your own policy as well as contact your boyfriends insurance carrier to determine if coverage may exist.

Kevin Habberfield · Answer

Yes you can make a claim against the striking driver. Set up your No Fault file, get medical treatment and go see a  personal injury attorney.

David Ayer · Answer

You do not need to be on your boyfriend's insurance to make a claim against the at fault driver. It only comes into play if you are at fault. You should consult with a personal injury attorney who handles motor vehicle injuries. You will need your accident report with the drunk driver’s information.

Curtis Chronister · Answer

If you have been injured in an automobile accident, the first thing to do is insure you have been seen or are being seen by a doctor to fully access your injuries.  Whether you seek the assistance of an attorney or not, your claim will go nowhere without some form of medical documentation of your injuries. Next, seek out a personal injury attorney to help advice you of your rights and responsibilities in pursuing your claim against the at-fault party. Personal Injury attorneys work on contingency fees, so it costs you nothing to seek their advice.  Depending on the severity of your injuries, you may find that an attorney can alleviate a great deal of anxiety associated with handling a personal injury claim.

Thomas Bulman · Answer

First, make a claim against the drunk's insurance, if any.  As a permissive user of your BF's car, you should be covered.  You may be excluded as a member of the same household.  Make the claim and get a denial in writing.

Ronald Lowry · Answer

You should make a claim against the other driver's automobile liability insurance company. Also, as the permissive user of your boyfriend's car you are also an insured under the policy of automobile insurance insuring your boyfriend's car. If that policy has uninsured motorist coverage then that insurance could provide additional coverage for your injuries, too, depending on the specific circumstances. You need a lawyer who is an expert at personal injury and automobile insurance ASAP.

Orman Kimbrough · Answer

The fact that you were not on your boyfriend's insurance should not make a difference regarding the responsibility of the other driver and your rights against that person.  Depending on the terms of your boyfriend's policy you may be cover by it.  You should speak to a personal injury attorney as soon as you can so your particular problems can be addressed and your rights protected.

Paul Whitfield · Answer

You did not say much about your injuries but you will be covered by the carrier of the drunk driver. Get you a good PI lawyer and make sure to get proper medical care.

Linda Chalat · Answer

You will have a claim against the driver of the vehicle and perhaps the owner of the vehicle depending upon the age of the drunk driver and his relationship to the owner.  Your best interests would be served by contacting an experienced car accident attorney.  The insurance company providing coverage for the at-fault driver's vehicle will probably contact you for a statement - do not speak to the insurance representative until you have spoken with a personal injury attorney.  In many cases, a quick settlement is offered by the offending driver's insurance for significantly less than your claim is worth, even after paying attorney's fees you will most likely be much better off with an attorney.  And most personal injury attorneys will provide you a free initial consultation and will handle the case on a contingency fee basis, you only pay attorney's fees if the lawyer successfully collects on your behalf.  When choosing a law firm, look for one that provides personal attention to your case by an attorney - not a large "stack them deep, and settle them cheap" firm where a paralegal will do the work.  And keep in mind that you have three years in Colorado in which to file a claim arising from a motor vehicle accident.

Houston D. Smith III · Answer

You should speak with a lawyer.  Victims of drunk drivers are allowed to recover both compensatory damages (medical bills, etc) and punitive damages (extra money) from the drunk driver's insurance company.

David Stoddard · Answer

Yes, you are covered.  The other driver's insurance will cover your damages. If the other driver has no insurance, the uninsured motorist coverage on the car you were driving will cover you.

Sam Louis Levine · Answer

Yes you can make a claim for the injuries you suffered in the car accident.  I am sorry you were injured.  Please be sure to keep track of your medical & out of pocket expenses & try not to miss any doctor appointments.  I would advise consulting with an attorney experienced in this area of law.

Jon F. Schmoll · Answer

If your boyfriend has insurance and you are driving his car with his permission you  generally have coverage under his policy  but you need to look at the policy for each case. Even if you don't have insurance under your boyfriend's policy, the drunken driver is still responsible.

Richard Lowell · Answer

You may or may not have insurance on your boyfriend's policy - but regardless, it doesn't impact your ability to make a claim against the drunk driver.  If you have been injured, you should contact a personal injury attorney.

Timothy Klisz · Answer

Yes, unless you owned the car and it was uninsured, you should be ok.

Bernard Huff · Answer

Your boyfriend should file a legitimate claim with his insurance company. If the claim is rejected, perhaps the two of you as plaintiff's can sue the drunk driver. Also, inquire to see if the drunk driver carried insurance, which would cover the accident? If so, the two of you may be able to file claims with his carrier.

Matthew Kaplan · Answer

If you were a permissive driver (you had your boyfriend’s permission to drive), you should be covered to have your bills paid by his insurance.  You should be able to recover for any wage loss or pain and suffering as a result of this crash from the drunk drivers insurance company.

Paul Bovarnick · Answer

First of all, you may be entitled to Personal Injury Protection through your boyfriend's insurance.  Second, the primary liable party is the driver who hit you, so you should be able to recover from him.  Third, if the drunk driver is un- or underinsured, you may also be able to get compensation through your boyfriend's insurance.

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

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