It’s almost impossible to know in advance whether you might be hit by a drunk driver, except for the fact that most of these accidents happen at night or early in the morning, at weekends and public holidays. The worst case scenario is if the drunk driver flees the accident scene and you have to wait for police to find the driver before filing a claim.
Injuries can be serious in these sorts of accidents because of the lack of control the drunk driver has. The only silver lining is that it is easier to prove negligence if the police charge the driver with DUI. You should certainly consider filing a personal injury claim if you are hit in an accident with a drunk driver.
Filing a Claim
Although medical treatment is a priority after any car accident, it is worth filing a personal injury claim as soon as you are able to obtain evidence proving that you were hit as a result of someone else’s negligence.
You should be able to claim for various expenses related directly to the accident. These might include any or all of the following:
• the cost of repairing your vehicle including towing charges if any;
• the cost of medical treatment, including possible estimated future medical treatment;
• compensation for any lost wages or other earnings;
• a pain and suffering payment;
• punitive damages considering the accident was caused by a drunk driver.
Claim Process
You won’t be able to claim compensation unless the drunk driver stops after the accident or is caught by police if he/she tries to flee the scene. Important evidence you will need to submit with your claim will include:
• eye witness statements made by anyone who saw the accident happen;
• police report made at the scene by a police officer;
• photos of damage done and injuries;
• doctor’s report on your injuries;
• results of tests and scans;
• report from hospital;
• all bills for damage to your vehicle and medical treatment;
• confirmation of lost earnings from your employer;
• evidence of any charges laid against the driver by police and whether any of these charges result in a conviction.
The sooner you file a personal injury claim as the events will be much clearer in people’s memories. Also, the state where the accident took place will have a statute of limitations that limits when a claim can be filed. This is usually two or three years from the date of the accident. Claims after that date may not be accepted.
How a Lawyer Can Help File Your Claim
It can be more difficult than you think to convince an insurer that their client was responsible for your injuries and property damage. The fact that a drunk driver was involved should help you, but it is a lot easier if you discuss the case with a personal injury lawyer and allow the lawyer to negotiate a fair compensation settlement on your behalf
