If you or a loved one has been the victim of a drunk driver, you may be wondering if it is possible to sue them. You can do a few things to seek compensation for your suffering.
When a person drives while intoxicated, they commit a crime and could be held liable for their actions in civil court. The same applies when someone causes an accident while driving without insurance. However, if the driver has no insurance coverage, then there will be no insurance company involved to cover any damages that may have occurred due to the accident. This means that even though you may pursue legal action against them in civil court and receive an award of damages from the court, it’s sometimes impossible for victims to collect on these awards because the driver doesn’t have any money or property to pay them out.
If you’ve been in an accident caused by a drunk driver who doesn’t have insurance, you may be wondering what your options are for pursuing compensation for your injuries and other damages.
Can You Sue a Drunk Driver With No Insurance?
Yes, you can sue a drunk driver with no insurance in the following circumstances:
- If the driver was at fault: If the drunk driver caused the accident and you can prove that they were at fault, you may be able to file a lawsuit against them. You’ll need to gather evidence such as police reports, witness statements, and medical records to support your case.
- If you have uninsured motorist coverage: If you have uninsured motorist coverage as part of your car insurance policy, you may be able to claim against your policy to cover your damages. This coverage protects you in an accident with an uninsured or underinsured driver.
- If the driver has assets: If the drunk driver has assets such as a home, savings, or other property, you may be able to file a lawsuit against them to recover damages. However, this can be more complicated as you’ll need to go through the legal system to enforce any judgments you receive.
- If the driver was driving a company vehicle: If the drunk driver was driving a company vehicle at the time of the accident, you may be able to pursue a claim against the company for their liability. This could be an option if the driver were on the job during the accident.
It’s essential to consult with an experienced personal injury attorney to understand your legal options and the best course of action for your particular case.
In certain states, however, it’s possible to sue an uninsured drunk driver through what’s known as uninsured motorist coverage (UMC). Uninsured motorist coverage pays out when someone driving without insurance causes an accident and injures another person. This type of coverage is included in many auto insurance policies. It is designed to provide financial protection if someone who isn’t insured causes harm or injury during a car accident. Suppose your policy contains this type of coverage, and an uninsured drunk driver injured you. In that case, you may be compensated for medical bills, lost wages due to time absent from work, pain and suffering caused by the incident, and other associated costs through UMC payments made by your insurer.
It’s also important to note that depending on where you live and what state laws apply in your particular case involving an uninsured drunk driver-led incident, there may also be non-economic forms of compensation available, such as compensation for emotional distress or punitive damages awarded by the court system itself – rather than through UMC payments from your policy provider – as well as potential criminal charges filed against the responsible party that could result in jail time or fines paid directly by them rather than through any form of monetary reimbursement provided by their lack of existing applicable liability insurance coverage at the time of the incident occurring.
There are some circumstances where you may not be able to sue a drunk driver with no insurance, including:
- If you don’t have proof of fault: If you can’t prove that the drunk driver caused the accident, you may not have a strong case for a lawsuit. Without evidence such as witness statements or police reports, it may be difficult to establish fault and liability.
- If you don’t have uninsured motorist coverage: If you don’t have uninsured motorist coverage as part of your car insurance policy, you may not have a way to recover damages for your injuries and other losses. In this case, you may need to rely on different forms of financial assistance, such as government programs or charity organizations.
- If the driver has no assets: If the drunk driver has no assets or property, it may be difficult to recover damages even if you win a lawsuit. Even if you receive a judgment in your favor, you may have no way to enforce it if the driver has no means to pay.
- If the statute of limitations has passed: Every state has a law that sets a deadline for filing a personal injury lawsuit. If you wait too long to file your claim, you may be barred from pursuing legal action.
Last but not least – although taking legal action against an uninsured drunk driver might seem like trying to squeeze blood out of a stone – it is still possible that certain assets belonging to the offending party exist outside of their lack of applicable automobile liability insurance coverage which could potentially be used towards compensating any individual affected by their negligence should they lose any related civil lawsuit proceedings brought against them in regards to said incident(s). As such, consulting with experienced legal professionals before settling on any particular course of action might prove invaluable from both financial/legal perspectives – especially given how each situation involving DUI-related incidents varies significantly from one case/state/location to another!
From 2022.,Jason writes educational insurance articles for Promtinsurance.com.
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