Friday, July 1, 2016

DUI Accident FAQ & Uninsured Motorists

When Should I Contact a Lawyer after a DUI Accident?

The best time to contact a lawyer is immediately after an accident, as soon as initial medical needs have been addressed. Evidence may be lost and witness recollections forgotten in the days, weeks, and months following an accident. Contacting a lawyer soon allows your attorney to begin investigating and researching your case. As a result, the sooner you contact a lawyer, the sooner you can receive compensation for your injuries. At Estey Bomberger, our attorneys are available 24 hours a day, seven days a week to discuss your case and answer your questions.

What Types of Damages May I Be Entitled To?

Typically, injured victims of DUI accidents may be entitled to compensation for medical care expenses, including ambulance transport, initial hospitalization, surgical procedures, doctor visits, physical therapy, occupational rehabilitation, prescription medications and medical devices. Accident victims may also be entitled to compensation for past and future lost earnings, and if applicable, loss of earning capacity. Additionally, non-economic damages may be awarded for physical pain and emotional suffering. In some cases involving drunk driving accidents, punitive damages may be awarded to punish the at-fault party. When a family member is killed in a fatal accident, loved one’s may be entitled to compensation in a wrongful death claim for final medical expenses, funeral expenses, anticipated future lifetime earnings, and loss of love, care, affection, and companionship.

How Do I know How Much My DUI Accident Case is Worth?

Every case we handle is different and unique. Without specific facts about you, your accident, and the party responsible for your injuries (or a loved one’s death), it is impossible to accurately assess how much a case may be worth. DUI accidents in particular have unique legal issues, and compensation awarded for medical expenses, lost earnings, and pain and suffering may be substantial.  After an alcohol or drug-related accident, consulting with a knowledgeable lawyer – one who has successfully handled DUI accident injury claims – can give you a better idea of the type and amount of damages you may be entitled to.

What Should I Do if the Insurance Company Offers Me a Check?

Insurance companies frequently try to settle claims quickly, by offering accident victims what they may say is a “generous” offer. The reason insurance companies offer money so quickly is they want victims to take compensation before they understand the nature and long-term effects of their injuries. While a check for a few thousand dollars may be helpful in paying several months worth of bills, it may do nothing to pay lifelong medical expenses or compensate months of future lost earnings. It is always advisable to speak to an attorney and determine if a settlement offer is fair. Often, accident victims are entitled to substantially more compensation than is initially offered.

What Does it Cost to Hire an Attorney?

At Estey Bomberger, all of our cases are handled on a contingency fee basis, also known as a no win, no fee arrangement. Per our written fee agreement, we are only paid in the event we recover money for your claim. In the unlikely event that we accept your case and cannot recover money for you, you will owe us nothing.

DUI Accidents and Uninsured Motorists

Despite stringent laws requiring drivers to carry proof of financial responsibility, thousands of drivers choose to not purchase car insurance. It is not surprising that divers who decide to get behind the wheel while under the influence of alcohol or drugs also often decide to get behind the wheel without automobile insurance, or with only the minimum insurance coverage required by law. The reasons for not carrying insurance vary widely. Repeat DUI offenders may have their insurance coverage dropped, or will raise rates significantly. Others who drive without a license or with a suspended license do not carry insurance. In tough economic times, many drivers looking to save money on monthly bills choose to lower their insurance limits. While this may save money in the short-term, if a driver causes an accident or is injured in an accident caused by an uninsured drunk driver, this can be a disastrous decision that can financially impact the rest of your life.

Protecting Yourself from Uninsured and Underinsured Drunk Drivers

Even the most cautious and careful drivers cannot avoid some collisions. While you cannot control the drivers you share the road with, you can protect yourself in the event you are injured in an accident caused by a drunk, underinsured driver, or a driver who carries only the minimum 15/30/5 policy. A 15/30/5 policy offers $15,000 per person injured in an accident, $30,000 maximum for all people injured in one accident, and $5,000 maximum for property damage. It is easy to see how the minimum limit would be insufficient to compensate someone who suffers a permanently disabling injury such as a traumatic brain injury or spinal cord injury. An ambulance transport, hospital admission, and surgical procedure for a broken bone could easily exceed $50,000. If you did not carry UM/UIM insurance, you would be responsible for all expenses in excess of the other driver’s insurance policy limits. If the other driver was uninsured, you would be responsible for all costs.

UM/UIM Coverage and Automobile Accident Insurance Policy Claims

Fortunately, your own insurance policy can fully protect and compensate you if you are injured in an accident caused by a uninsured or underinsured drunk driver. A UM/UIM policy allows your carrier to “take the place” of the uninsured party and compensate you for your injuries, including medical expenses, lost earnings, and pain and suffering. A UM/UIM coverage policy is a definite necessity for any driver. However, drivers should understand that simply having a UM/UIM policy does not mean the insurance company will automatically pay out insurance policy limits. Injured victims must present a claim the same way as if they were present it to the at-fault party’s insurer. A claim will be investigated and evaluated, and your own insurer will likely extend an offer.

Obtaining Maximum Compensation For Your DUI Accident Injuries

If you were injured by an uninsured or underinsured drunk driver, and will be presenting a claim to your own insurance company, you still may benefit greatly from hiring a knowledgeable personal injury lawyer. At Estey Bomberger, we have recovered maximum compensation – insurance policy limits – in dozens of serious injury car accidents caused by uninsured and underinsured drunk drivers. If you are looking for results-oriented representation in a UM/UIM claim following a California DUI accident, contact our California DUI accident victim lawyers for a free consultation. We will fully investigate your accident, and evaluate all possible avenues of liability. In addition to the drunk driver, you may also be entitled to financial compensation from other parties that contributed to the accident and your injuries or loved one’s wrongful death.

No comments:

Post a Comment