Drunk Driving Attorneys: Seeking Damages From Uninsured Drivers

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If you've been injured by an uninsured drunk driver, it can feel like you are powerless to recover the damages you need to repair your car, your body, and your life. A drunk driving attorney can help you recover more money even when the driver files for bankruptcy.

Here are some of the ways that drunk driving attorneys help clients who have been injured by uninsured drivers.

Your Policy

The process of recovering from a drunk driving accident involving an uninsured driver will normally start with working with your auto insurance and health care insurance providers.

• Auto: Many auto insurance policies have clauses that pertain to accidents involving extenuating circumstances like uninsured motorists and criminal negligence (drunk driving falls into this category). When drunk driving attorneys work with your auto insurance provider, they can stipulate that payments should be billed directly to the drunk driver. By having the bills invoiced to the drunk driver, your drunk driver attorneys can begin the legal process of transferring the financial burden of the accident to the liable party. In some states, this process can involve filing an injunction with the county court where the accident occurred to require your auto insurer to bill the other driver.
• Health: Similar to your auto insurer, your health insurance provider can have your medical bills charged to the insured drunk driver. This can include hospital bills, policy deductibles, ambulance fees, and other charges related to the accident. This is particularly important if the uninsured drunk driver files for bankruptcy protection in an attempt to evade the financial obligations of the accident. When you begin working with drunk driving attorneys, it is always recommended to sign a waiver to give them access to all of your medical bills and medical history.

Civil Litigation

Drunk driving cases often involve both criminal and civil cases. Although the criminal case prosecution will normally result in a fine or settlement, your drunk driving attorneys can seek more damages in a civil suit.

• Settlements: Most civil lawsuits involving drunk driving are settled out of court. Because uninsured drunk drivers are often teetering financially on the edge of bankruptcy, getting a large settlement can require some legal maneuvering to help you maximize your settlement. Your drunk driving attorneys can request that an uninsured drunk driver's assets be liquidated or forfeited to cover your injuries, legal expenses, and the cost of replacing your vehicle. Being proactive when it comes to this process can be key, as your drunk driving attorneys will often file a civil lawsuit even before the criminal case has been decided.

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11 January 2022