WILL INSURANCE PAY FOR A DUI ACCIDENT CLAIM IN CALIFORNIA?
Posted on Wednesday, September 11th, 2019 at 10:36 pm
Driving under the influence of alcohol or drugs is not only against the law, but it is also potentially dangerous and deadly. A drunk driver puts himself and all others on the road in danger. When a DUI accident occurs, who is responsible for paying the victims for damages and losses caused by the accident? Do I need to sue a drunk driver to get paid after an accident? Does the drunk driver’s insurance company pay me for my damages? Our Sacramento DUI accident attorneys can help you with these questions and more.
When is a Drunk Driver or His Insurance Company Responsible for Damages Caused by a DUI Accident?
If the drunk driver caused the accident, the drunk driver is responsible for any damages arising from the accident. This fact is true in any car accident. If a driver causes the crash, that driver can be held liable for damages arising from the collision. In most cases, the driver’s insurance company is responsible for paying the claim of an accident victim, even if the driver was intoxicated or drugged at the time of the crash.
However, you must prove the drunk driver caused the DUI accident before you can recover any compensation for your damages. Proving that a driver was drunk or drugged is not the same as proving the driver caused the accident. There must be sufficient evidence to prove the driver’s actions or inactions resulted in the crash.
For example, the driver turned left in front of a vehicle when the driver did not have the right of way, or the driver crossed the center line and hit a car head-on. While it is improbable, a drunk driver could be the victim of an accident without having any liability for causing the crash. He could be arrested for DUI but not charged with causing the crash.
However, in most cases, a driver who is intoxicated or drugged typically contributes to the cause of a crash in some way. Proving that a driver contributed to the cause of the DUI accident is crucial. Our Sacramento DUI accident attorneys aggressively investigate DUI accidents to gather evidence that proves how the accident occurred and who caused the crash. By building a strong case against the drunk driver with evidence, it is more likely that the insurance company will pay the injury claim without a fight.
Insurance Companies Fight DUI Accident Claims
Some insurance companies choose to fight DUI accident claims in hopes of avoiding paying the claim or reducing the amount they must pay to settle the claim. If a drunk driver hits you, it is important to seek experienced legal advice as soon as possible. Don’t assume that simply because the driver was intoxicated that the insurance company will automatically pay the claim in full. Failing to seek legal counsel could result in your injury claim being denied for lack of evidence proving fault.
Contact a Sacramento DUI Accident Attorney for Help
Call The Tiemann Law Firm at (916) 999-9000 or visit our website to schedule a free consultation with a Sacramento DUI accident attorney. Our legal team can help you by investigating the DUI accident, filing your injury claim, and negotiating with the insurance company for a fair settlement amount.