Will Insurance Cover My Damages In A DUI Accident
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By PAGE Editor
Even though there’s a concerted, nationwide effort to prevent drunk driving accidents, they’re still occurring at an alarming rate.
An estimated 2,355 DUI crashes in 2022 occurred on Houston roads, and unfortunately, some resulted in fatalities. If you’re involved in an accident caused by an intoxicated driver, you’re probably wondering if your damages are covered.
Since the at-fault driver is intoxicated, will their insurance still cover your damages? Or will you need to turn to your coverage? Unfortunately, there isn’t always an easy answer to this question. Sometimes, it depends on the type of coverage the at-fault driver is carrying at the time of the accident.
Types of Insurance and Its Effect on Your DUI Accident Claim
Drivers can carry different types of insurance like liability and full coverage. While rarely will the non-responsible driver need to use their auto insurance policy to cover some or all of their damages it can happen.
Here’s a look at the different types of insurance and how each one can impact your DUI accident claim.
Full Coverage Insurance
Okay, before you start breathing a little easier knowing the at-fault driver has full coverage insurance, you should know it may not cover all of your damages.
Full coverage insurance usually takes care of your medical and property damage expenses. You may even be able to claim non-economic damages like pain and suffering but this can also mean taking your claim to civil court.
Non-economic damages aren’t easy to calculate and this can lead to problems during negotiations. You can accept the insurance adjuster’s settlement offer. However, the offer is typically lower than the value you place on your claim. To receive full compensation, you’re probably going to need to file a lawsuit against the impaired driver’s insurance provider.
If you’re planning on seeking punitive damages in your lawsuit, full coverage insurance probably isn’t going to pay out. Texas law has evolved to prevent insurance companies from being liable for punitive damages, but this doesn’t mean you still can’t be awarded punitive damages by a judge or jury.
Instead of the insurance company paying out, the at-fault driver is personally responsible for covering your punitive damage award. This generally means you’re not going to receive the full amount if any from the defendant.
Liability Insurance
All Texas drivers must at least carry liability insurance. Texas law requires drivers with vehicles registered in the state to carry at least the following:
$30,000 for injuries per person involved in an accident totaling at least $60,000 per incident
$25,000 for property damage
Known as the 30/60/25 insurance coverage law, as mentioned earlier all drivers must meet the state’s minimum insurance requirements. There aren’t any exceptions.
So, what does liability insurance cover? Like full auto insurance, a liability policy covers your medical and property damage expenses up to the cap.
For example, if the intoxicated driver is only carrying the state minimum, you can receive up to $30,000 for medical expenses. If your medical costs exceed the policy’s cap, you may need to file a lawsuit to recover the rest of your damages.
What liability insurance doesn’t cover are the at-fault driver’s damages, and this applies whether or not the driver is intoxicated. The at-fault driver is responsible for covering the damages out of their pocket.
Uninsured Motorist Coverage
Unfortunately, it’s not that unusual for a driver to decide to hit the road without insurance. Why do some drivers decide to not carry at least liability insurance? There are a few reasons with a primary one being cost.
Not everyone can afford the monthly insurance premiums. Some individuals may have multiple moving violations on their driving record making it almost impossible for them to find a company willing to provide insurance coverage.
Regardless of the reason, you’re probably wondering how to recover damages from a DUI accident involving an uninsured driver.
You can add uninsured and underinsured coverage to your auto insurance policy. Yes, it will increase your monthly premiums but the additional coverage also helps ensure you can recover at least some of your damages from a DUI accident.
An underinsured policy takes over where the at-fault driver’s coverage leaves off. An example is if the at-fault driver is only carrying the state’s minimum insurance requirements and your medical expenses exceed $30,000. Your underinsured policy can cover expenses beyond the initial $30,000.
Uninsured coverage is protection against drivers who aren’t carrying insurance. Your uninsured coverage will help cover some or all of your damages. How much coverage depends on your policy. Most uninsured insurance policies also have caps, similar to liability coverage. If your uninsured policy doesn’t cover everything, you may also need to file a claim with your full coverage provider.
There’s also a good chance your personal injury claim may turn into a lawsuit—though don’t panic if this is the case with your lawsuit.
Your insurance provider is usually the plaintiff and the lawsuit is filed against the uninsured or underinsured driver. This way, your insurance provider can attempt to recover some of the funds it released to cover your damages.
How Comparative Negligence Can Affect Your DUI Case
Texas is both an at-fault and comparative negligence state, which means that you typically file a claim for damages with the at-fault driver’s insurance. However, comparative negligence allows for more than one party to be responsible for an accident, and this can even apply in a DUI injury case.
An example of comparative negligence in a DUI accident is if one driver is intoxicated and the other motorist runs a red light. As long as you’re not more than 50% responsible for the accident, you can still file a claim for damages. However, the amount of compensation you receive is reduced by your percentage of blame.
Schedule a Consultation with an Attorney About Your DUI Accident Claim
Trying to figure out your insurance situation after a DUI accident is rarely ever an easy process. Adding comparative negligence rules to the mix can turn a simple DUI accident into a complicated injury claim.
To guarantee that you receive fair compensation for your damages, consult with an experienced DUI accident attorney about your case. Their expertise can help you understand your rights and guide you through the complexities of the legal process.
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