What happens if the drunk driver is uninsured or underinsured?

If you have been injured in a crash caused by a drunk driver, the last thing you want to worry about is whether or not the other driver has insurance. Unfortunately, if the drunk driver was uninsured or underinsured, you may face additional challenges when seeking compensation for your injuries. Here is what you need to know:

Uninsured drivers:

  • If the drunk driver who hit you is uninsured, you may need to turn to your own insurance policy to cover your damages. Depending on the specifics of your policy, you may have uninsured motorist (UM) coverage or personal injury protection (PIP) coverage that can help.
  • UM coverage is typically designed to provide compensation for medical expenses and pain and suffering when the at-fault driver is uninsured or cannot be identified (such as in hit-and-run accidents).
  • PIP coverage can help cover your medical expenses and lost wages, regardless of who was at fault for the accident.

Underinsured drivers:

  • If the drunk driver was underinsured, meaning that their insurance policy limits are not enough to fully compensate you for your damages, you may be able to file a claim with your own insurance company for underinsured motorist (UIM) coverage. Please be aware that UM is optional in some states, so it is important to review your policy. We always recommend drivers carry UIM on their policy if at all possible.
  • UIM coverage is typically designed to provide additional compensation when the at-fault driver’s insurance policy limits are not enough to cover your damages.

Other options:

  • If you do not have UM/UIM coverage, you may still have options for seeking compensation. You may be able to file a lawsuit against the drunk driver to recover damages, but keep in mind that this can be challenging if the driver does not have the means to pay a judgment.
  • In some cases, you may be able to pursue a claim against a third party who may be responsible for the driver’s actions, such as a bar or restaurant that over-served the driver before the crash.

If you have been injured in a drunk driving crash where the other driver was uninsured or underinsured, it is important to speak with an experienced personal injury attorney who can help you explore your options for seeking compensation. Contact The Ruth Law Team today at (888) 783-8378 to schedule a free consultation with one of our attorneys.

You can also visit us by appointment at one of our Florida Law Offices, Minnesota Law Offices, or Georgia Law Offices.

Please note that the answers to each question may vary depending on the specific facts of your case, and it is always best to consult with an attorney to get more accurate information. Also, this is general information and not legal advice.