What Do I Do if the Drunk Driver is Uninsured or Underinsured? Car Accident Lawyer Manhattan Explains

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Being involved in a car accident is stressful enough. But when you add in the fact that the drunk driver involved doesn’t have the proper insurance coverage, then the situation can become more complicated. While such an accident may seem like an unmitigated disaster, victims still have a few cards to play and claim the compensation they need. From insurance to dram shop liability, let Gabriel Law step into the shoes of a car accident lawyer in Manhattan and explain what you need to know and do to protect your rights and pursue the recovery you deserve.

What Should You Do After a Drunk Driving Accident?

In the event of a drunk driving accident, what you do in the immediate aftermath can have a significant impact on the outcome of your compensation claim. To protect yourself and increase your chances of walking away with a favorable settlement, here’s what you need to do (and not do):

Call 911 and inform law enforcement about the accident.
Move to a safe location, but do not leave the scene of the accident.
If injured, receive immediate medical attention, no matter how small the injury may seem.
Document the scene of the accident and gather the other relevant evidence.
Try to exchange insurance and contact information with the other driver.
Contact your car accident lawyer in NYC to understand your rights and liabilities.
Contact your insurance company and notify them of the accident.
Do not admit fault or apologize for the accident.
Do not provoke the other driver and get into a fight.
Do not post about the accident on social media.
Do not make any recorded statements to insurance without proper legal counsel.
Do not accept early insurance settlement offers.

What are your options for compensation when the drunk driver is uninsured/underinsured?

Insurance

While a drunk driving accident involving uninsured or underinsured drivers can seem like a real headache, victims still have a few options to claim compensation for their injuries.

First, you have your insurance. If you are injured in the accident, your Personal Injury Protection (PIP) coverage can step in to cover your medical expenses, lost income, and other connected expenses up to $50,000. Since it is no-fault insurance, you can obtain this compensation, regardless of any fault you may bear in the accident.

Alternatively, you can also claim additional compensation from your uninsured and underinsured motorist coverages (UM/SUM). In New York, all drivers are required to purchase UM coverage of at least $25,000 for bodily injury per person. The supplementary coverages can be used to cover medical expenses that exceed the no-fault threshold and even pain and suffering.

Dram shop liability

If the drunk driver got into an accident when he was coming from a bar, restaurant, or any other establishment that serves alcohol, the victims could hold the establishment liable for the damages suffered. If the person can prove that the establishment continued to serve alcohol to a person that was “visibly intoxicated” or under the age of 21, then the establishment can be held liable to compensate you for damages. However, you must establish that the intoxication was the cause or significantly contributed to the accident. This lawsuit must be filed within three years of the date of the accident.

Is it worth filing a lawsuit against the uninsured/underinsured drunk driver?

In New York, you can file a personal injury lawsuit against drivers involved in accidents if you can prove that the accident caused an economic loss that exceeded $50,000 or you suffered a “serious injury” as defined in Section 5102(d) of New York Insurance Law.

Filing a personal injury lawsuit can be worthwhile if you have suffered severe injuries and you have a solid case against the other driver. The court may even award you punitive damages. However, before you pull the trigger, ask yourself, can the other driver actually pay the compensation owed? That is because even if you get a judgment in your favor, it wouldn’t mean much if the other party is unable to pay the compensation, which is often the case with uninsured or underinsured drivers.

However, federal law prevents the drunk driving injury claims from being discharged, even when a person declares bankruptcy. In essence, they will be forced to pay no matter what. In the end, you must weigh all the pros and cons and talk with an experienced accident lawyer in Queens before you make the final decision.

Conclusion

Drunk driving accidents are complicated as is, but when the driver at fault is uninsured/underinsured, it adds another layer of complexity to the case. But there is light at the end of the tunnel; all you need is a little help from an experienced New York City auto accident attorney. At Gabriel Law, we have been helping New Yorkers with their car accident claims for many years. We have a firm understanding of the complexities of drunk driving accidents and how to overcome them. If you are interested in our services, contact us today and schedule your free consultation.