Yes, insurance will cover a drunk driving accident, but coverage depends on the available insurance policies. The drunk driver’s bodily injury liability and property damage liability coverage should cover your injuries.
Bodily Injury Liability Coverage
The drunk driver’s bodily injury liability coverage should cover your injury-related losses and damages, including:
- Doctor bills
- Hospital and ambulance bills
- Lost income and earning capacity
- Pain and suffering
Bodily injury liability provides coverage up to the policy limits. In Georgia, the minimum auto insurance requirements for bodily injury liability are $25,000 per person and $50,000 per accident. But some drivers have limits above these minimums.
Property Damage Liability Coverage
The drunk driver’s property damage liability coverage should cover your property damage costs, including:
- Cost to repair your vehicle
- Value of your vehicle if it is declared a total loss
The minimum property damage liability coverage in Georgia is $25,000, but some policies have higher limits.
Your Options if the Drunk Driver’s Auto Insurance Does Not Fully Cover Your Damages
If the drunk driver does not have auto insurance or your damages exceed the drunk driver’s policy limits, you still have some options to get compensation for your damages.
Talk to your lawyer about all the insurance coverage that may be available to you following a drunk driving accident.
Here are some of the insurance coverage that may cover your injuries:
Uninsured and Underinsured Motorist Coverage
Your uninsured or underinsured motorist coverage can help if you bought this coverage as part of your auto policy. Your uninsured (UM) coverage can pay your damages if the at-fault driver has no auto insurance.
If the drunk driver has inadequate coverage and you bought underinsured (UIM) coverage, UIM coverage can help pay your losses that exceeded the drunk driver’s policy limits.
Medical Payments Coverage
Medical payments (MedPay) coverage is an optional type of auto coverage. It can pay some of your medical expenses regardless of fault.
Your collision coverage can help you pay to repair or replace your vehicle if it was damaged in the wreck. Collision coverage comes with a deductible which varies depending on your policy.
Your Health Insurance
Your health insurance might help you pay medical bills. If you later recover compensation in an insurance claim or lawsuit against the drunk driver, your health insurance may try to recover part of your settlement or judgment.
See our article on paying medical bills while waiting for a personal injury case to resolve to learn more about health insurance and other options that may be available to you after an accident.
Personal Injury Lawsuit
Your lawyer may pursue a lawsuit against the drunk driver. Discuss this possibility with your lawyer. To get a free consultation about your case, call 404-474-0804.
Recoverable Damages for Drunk Driving Car Accidents
Recoverable damages for a drunk driving accident depend on the available insurance coverage, but common recoverable damages include:
- Medical expenses
- Lost wages
- Decreased earning potential
- Disability and disfigurement
- Pain and suffering
- Loss of enjoyment of life
Talk to a lawyer at our firm about your case and the damages for which you may recover compensation. Get a free consultation about your case by calling 404-474-0804.
What Happens if You Were Partly at Fault for a Wreck With a Drunk Driver
You can still recover damages if you were no more than 49 percent at fault for the accident.
Georgia follows the rule of modified comparative negligence, which reduces your compensation in proportion to your percentage of the fault, but bars you from getting any compensation if you were 50 percent or more responsible for causing the accident.
So, if the drunk driver was 90 percent at fault, but you were 10 percent at fault, you can get 90 percent of your damages.
Get Help With Your Drunk Driving Accident Claim
At the Law Office of Jason R. Schultz, PC, we do not charge for your initial consultation, and we do not charge any attorney fees unless you recover compensation.
Call us today at 404-474-0804 for a free consultation if you were in an accident caused by a drunk driver.