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(281) 587-1111
(281) 587-1111
January 31, 2024 by Greg Baumgartner
When a drunk driver causes an accident, one pressing question is: does insurance cover damages from a drunk driver? The answer in Texas is yes, although your coverage may vary based on your insurance policy and the drunk driver’s coverage. If you are wondering specifically, “Does Insurance Cover Damages from a Drunk Driver in Texas?” a Houston drunk driving accident attorney discusses how insurance policies function in these situations and what factors might influence your coverage.
When a drunk driving accident occurs, the question of who will bear the cost of damages inevitably arises. Contact a drunk driving accident attorney for help. This is where insurance policies come into play. However, coverage can vary significantly depending on the type of insurance, the specific circumstances of the accident, and state laws. Victims seeking compensation must grasp these nuances.
Insurance policies such as liability insurance, uninsured motorist coverage, underinsured motorist coverage, and full coverage insurance all play different roles in the aftermath of a drunk driving accident. We’ll explore each of these in detail to better comprehend their implications.
Liability Insurance, also known as liability coverage, forms a fundamental part of any auto insurance policy provided by your insurance provider. In car accidents, it is responsible for covering the other driver’s expenses if you are at fault. The situation becomes complicated when the at-fault driver is under the influence.
While Liability Insurance can cover damages caused by drunk drivers, it’s important to note that this coverage doesn’t extend to the drunk driver’s damages. So, if a drunk driver causes an accident, their Liability Insurance will cover the losses of the other party involved in the accident.
uninsured Motorist Coverage, or UM coverage, occurs when the at-fault driver is uninsured or underinsured. This form of automobile insurance safeguards individuals in the event of an accident with a driver who lacks sufficient insurance to cover the damages.
Uninsured Motorist Coverage can significantly assist in drunk driving accidents. If the drunk driver is uninsured or underinsured, victims with this type of coverage can seek compensation for their damages through their own car insurance company or the drunk driver’s insurance company, and often both with Underinsured Motorist Coverage, UIM. This coverage generally covers economic, non-economic, and property damage, providing victims with an additional safety net.
Full Coverage Insurance is often misunderstood. It generally includes physical damage coverage, like collision, and medical expenses for the policyholder and their passengers in the event of an accident if the policy contains PIP or Med Pay coverage options. But does it cover damages from a drunk driving accident?
Full Coverage Insurance generally offers coverage for damages arising from drunk driving accidents. However, in Texas, case law has developed that insurance companies are not liable for punitive damages from a DWI accident lawsuit.
In at-fault states, the responsibility for an accident rests squarely on the shoulders of the driver found at fault. This means that in the context of drunk driving incidents, the victim can seek monetary reparation from the at-fault party’s insurance.
Nonetheless, pursuing compensation from the at-fault driver’s insurance company can entail numerous complexities. Insurance companies may attempt to minimize their liability by undervaluing the damages or shifting blame to the victim. Legal assistance can prove highly beneficial to ensure victims receive deserved compensation.
A DUI conviction carries extensive consequences, impacting not only legal aspects but also insurance matters. An immediate effect of a DUI conviction is a significant surge in insurance premiums. On average, drivers with a DUI experience a 70% hike in insurance rates.
Worse still, a DUI conviction can lead to the cancellation of an insurance policy and even jail time. With a DUI on their record, drivers might find it extremely difficult to obtain coverage in the future due to their high-risk status. These outcomes highlight the grave repercussions of drunk driving, affecting both individuals and their financial stability.
Often, victims of drunk driving accidents, including those involving a DUI accident, confront a challenging recovery journey encumbered by accumulating medical bills, lost income, and other unexpected costs. Fortunately, they may be entitled to compensation to cover these costs.
The compensation amount is determined by considering factors such as:
Victims may receive compensation for injuries requiring long-term care if the drunk driver is at fault. Understanding these potential sources of compensation can be significant in helping victims cope with the aftermath of a drunk driving accident.
Securing fair compensation in the aftermath of a drunk-driving accident can be a complex process. This is when legal assistance becomes essential. A competent lawyer can navigate the twists and turns of the insurance claims process and advocate for the victims’ rights.
Legal professionals assist in establishing fault, evaluating damages, and navigating the insurance claims procedure. With their legal expertise, they can negotiate with the at-fault driver’s insurance providers and ensure victims receive equitable compensation.
The quick settlement offer– the most common tactic adjusters use for victims of drunk drivers is to quickly offer a settlement of a drunk driver accident, hoping the victim does not know the true value of their case.
The lowball offer -despite the expectation of good faith, insurance companies frequently resort to various strategies to reduce their liability in drunk driving cases. One such strategy is offering lowball settlement offers that significantly undervalue the victims’ damages, making it seem like insurance companies pay less than they should.
Blame others– another common tactic is to shift blame to the victim or others. They may suggest that the claimant or other parties are partly or wholly responsible for the accident, downplay their injuries, or shift the narrative to avoid full liability. Victims need to be aware of these tactics and may need legal help to ensure they receive fair compensation.
Estimate medical expenses– one emerging tactic is to estimate the cost of medical care in a settlement. This estimation shifts the risk of the cost of care to the victim and can have devastating consequences if you settle the case. Don’t fall for it.
While the aftermath of a drunk driving accident can be daunting, prompt and appropriate action is crucial. The initial steps involve contacting the police and documenting the accident scene through photographs. This evidence can be crucial in establishing fault and assessing damages.
Calling the police and letting an officer evaluate the other driver’s intoxication can be the most important step you can take. Often, the drunk driver may try to convince you not to call the police. Do not fall for it.
Once the immediate situation is under control, it’s time to report the accident to the insurance company. However, the claims process can be intricate and challenging. In such cases, seeking legal advice to navigate the process and protect your rights may be beneficial.
Although comprehending insurance coverage and legalities is important, prevention remains the best approach to drunk driving accidents. Promoting responsible drinking habits, supporting stricter DUI laws, raising awareness about the dangers of driving under the influence, and reporting drunk drivers are all crucial steps in preventing DUI accidents.
Houston and private entities have implemented various measures to mitigate the occurrence of drunk driving, including policies aimed at reducing alcohol availability, stringent laws regulating drunk driving, and educational campaigns. Each of us can contribute to these efforts and make our roads safer.
Reporting a drunk driver can be vital in keeping Houston streets safer for everyone.
In the end, the most effective way to avoid the devastating impacts of drunk driving accidents is prevention. By promoting responsible drinking habits, advocating for stricter DUI laws, and raising awareness about the dangers of drunk driving, we can contribute to safer roads and fewer accidents.
Call a Houston drunk driving accident lawyer at Baumgartner Law Firm for a FREE consultation.
Baumgartner Law Firm
6711 Cypress Creek Pkwy, Houston, TX, 77069
(281) 587-1111
Does your insurance cover you if you are drunk?
Yes, you are covered by your insurance for any accidents, including those that occur while you are under the influence of alcohol or drugs. The coverage extends to damage to your car, someone else’s property, and their injuries. Yet, in Texas, liability coverage may not cover punitive damages.
Does insurance cover DUI accidents in Texas?
Yes, insurance companies may cover the costs associated with DUI accidents in Texas, but the drunk driver may face monetary consequences, especially if they caused the collision. Be mindful of potential financial repercussions. Here is the true cost of a DWI. Yet, an award of punitive damages may not be covered by the insurance company in Texas.
What are the consequences of a DUI conviction on insurance?
A DUI conviction can result in increased insurance premiums, policy cancellations, or difficulty obtaining coverage in the future. It is important to be aware of these potential consequences.
How can legal assistance help victims of drunk driving accidents?
Legal assistance from a top-rated personal injury attorney in Houston, TX, can be crucial for victims of drunk driving accidents, as it helps navigate insurance claims, negotiate with the at-fault driver’s insurance, and secure fair compensation for the damages suffered.
Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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