Today we are going to talk about what to do if you are hurt in a car accident involving a driver who was intoxicated or under the influence of drugs.
There are a couple of things that you need to think about if and when you are involved in an accident involving a drunk driver, or a driver who was under the influence of drugs, including marijuana, which is now recreationally legal in New York.
The first thing you’ll want to do is make sure that the police are called so that a police report can be made, statements obtained, etc. If a driver is under the influence they will likely be issued tickets, which is important because that can help you establish liability down the road in the event that you have to file a lawsuit or if you're dealing with an insurance company.
You’ll want to make sure that you call the police, that the police come to the scene, accident reports are completed, insurance information is exchanged, and any witnesses are identified by the responding police officer. After the accident, you or your attorney is going to want to reach out to the local court or district attorney who is responsible for prosecuting those tickets, who will be notified that this was an accident that involved a serious injury.
Why do we do that? Because then the prosecutor is less likely to give a quick plea deal to the wrongdoer, which may become important later if there is an admission of liability in the criminal matter.
You’ll next want to make confirm the insurance coverage limits for the other driver, and notify any relevant insurance carriers. This may not only include the other driver as we’ll discuss below.
After you have determined the other driver’s insurance coverage limits, you may need to notify your own insurance company that you have a potential SUM or UM claim. This is a claim that allows you to seek damages from your own insurance company in excess of the other driver's insurance.
Why is this important?
This is important because often drunk driver involve very serious injuries. You may need surgery or surgeries. You may have a long recovery. You may miss work, or worse. If the other driver has minimal insurance coverage it may not be enough to adequately compensate you.
SUM or UM coverage - under your own insurance policy – is there to help you in this exact scenario, and in many cases allows you to make a claim for damages beyond the other driver’s coverage. If you don't know what your SUM or UM coverage is take a look at the declarations page on your auto insurance policy. You can get that from your insurance carrier.
TIP: If you're able to, you should increase your SUM/UM coverage. It’s relatively cheap, and we have had far too many clients obtain less than they should because of inadequate coverage.
Of course the most important thing following an accident is to take care of yourself or your family member. Thinking about the above, however, may also help you or your family in the end.
If you have questions contact us today.
*Attorney advertising. Not intended as legal advice. Prior results do not guarantee future outcomes.
