Will Insurance Cover a DUI Accident? What You Need to Know

Getting into a car accident is stressful enough, but it’s even worse when the other driver was driving under the influence. Dealing with a drunk driver can be frustrating and scary, and you probably have a lot of questions about what happens next. One of the big questions many people have is: will insurance cover a DUI accident?

I’ve been writing about insurance and personal finance topics for over a decade, so I’m familiar with the ins and outs of filing claims after accidents involving drunk drivers. Here’s what you need to know about whether insurance will pay for losses after a DUI crash, and how to get the compensation you deserve.

Will the Drunk Driver’s Insurance Cover Your Losses?

In most cases, yes. If the drunk driver was determined to be at-fault for the accident, their auto insurance policy will provide liability coverage for damages and injuries they caused to others.

Liability insurance is mandatory in most states, precisely for situations like this. It protects innocent accident victims by paying out when the insured driver causes a collision.

So if you’re not at fault and the impaired driver caused the crash, you can make a third-party claim with their insurer seeking compensation. This is true even if they get a DUI charge or conviction after the accident. Fault, not criminal charges, determines who covers the losses.

What Kinds of Compensation Will You Get from the Drunk Driver’s Insurer?

The at-fault driver’s liability insurer should cover all crash-related losses up to the policy limits. This includes

• Medical bills from treating any injuries suffered in the collision
• Lost income if you missed work due to recovering from injuries
• Repairs or replacement for your damaged vehicle
• Compensation for pain and suffering

Basically, the drunk driver’s insurance should pay all reasonable costs that result from the impaired motorist’s negligence. An experienced attorney can help maximize your payout.

What If the Drunk Driver Only Has Minimum Liability Limits?

Unfortunately, many drivers only carry minimum liability limits set by their state. These low coverage amounts likely won’t fully cover major accident costs.

For example, imagine minimum coverage in your state is:

• $25,000 per person for injuries
• $50,000 per accident for injuries
• $10,000 for property damage

If you have $90,000 in medical bills from a drunk driving collision, the at-fault driver’s $25,000 in coverage per person obviously won’t be enough.

So what can you do? File a claim under your own policy’s underinsured motorist coverage. This kicks in when the at-fault driver’s limits are too low to fully cover your losses.

How Underinsured Motorist Coverage Works After a DUI Accident

Say the drunk driver has $25,000 in liability coverage per person for injuries, but your injuries cost $90,000. Here’s how UIM coverage comes into play:

• The drunk driver’s insurer pays their $25,000 limit
• Your UIM coverage pays the additional $65,000 not covered by the drunk driver’s policy
• You recover your full $90,000 in medical bills

With UIM coverage, your own insurer essentially pays what the at-fault driver owes you but cannot cover due to low policy limits. This ensures you get fully compensated.

What If You Don’t Have Enough UIM Coverage?

Sometimes accident victims have UIM coverage, but not enough to completely cover damages after a drunk driving crash.

For example, let’s say your UIM coverage limit is $50,000. The at-fault drunk driver has $25,000 in liability coverage. Your medical bills are $90,000. Here’s how it would work:

• The drunk driver’s insurer pays their $25,000 limit
• Your UIM coverage pays its $50,000 limit
• You recover $75,000 total

Since we’re assuming your bills are $90,000, you’re still owed $15,000. At this point, you’d need to try to collect this amount directly from the underinsured drunk driver personally.

Recovering additional compensation directly from the impaired driver can be very challenging, unfortunately. That’s why it’s critical to purchase ample UIM coverage when buying a policy.

What If the Impaired Driver Has No Insurance?

About 1 in 8 drivers are uninsured. If an uninsured drunk driver hits you, things work differently.

You can’t make a claim with the drunk driver’s insurer since there is no insurer. Instead, you’d file a claim under your policy’s uninsured motorist coverage.

UM coverage works similar to UIM coverage, standing in for a liability policy the at-fault driver should have but doesn’t. Your insurer pays damages an uninsured driver cannot cover themselves.

Can Passengers in the Drunk Driver’s Car Get Compensation?

Passengers riding with a drunk driver are usually still covered by that driver’s liability insurance. The only exception is if the passenger knew about the driver’s intoxication before getting in the vehicle.

So being a passenger with a drunk driver does not automatically make you ineligible for compensation. As long as you didn’t know the driver was impaired beforehand, you maintain your right to seek damages from their insurer after an accident.

How Much Time Do You Have to Make an Insurance Claim After a DUI Accident?

Each state sets a time limit, known as the statute of limitations, for how long you have to file insurance claims after any type of auto accident. This limit is typically 3 to 6 years.

The clock starts ticking on the statute of limitations from the date of the drunk driving accident. If you fail to make a claim within the permitted time frame, you lose your right to recover compensation.

So it’s important to promptly reach out to insurers and pursue your drunk driving accident claim once you’re able. An attorney can help you take quick action to preserve your rights.

Will My Rates Go Up if I File a DUI Accident Claim?

Don’t let fear of rising premiums stop you from filing a valid insurance claim. Premium hikes do not automatically result from making a drunk driving accident claim if the crash was not your fault.

Insurers cannot penalize you via higher rates for filing a claim when another driver’s drunk driving caused your losses. Your premiums should only be impacted if you caused the accident or filed false or excessive claims.

How Can an Attorney Help With My DUI Accident Insurance Claim?

Pursuing fair compensation through insurance after a drunk driving accident can be complex. An attorney experienced with these claims can help by:

• Determining all available insurance coverage
• Gathering evidence to prove the drunk driver’s fault
• Negotiating with insurers to get you the maximum payout
• Filing a lawsuit against an insurer if they deny a valid claim
• Ensuring you meet all deadlines so you don’t lose your right to compensation

Having a qualified lawyer on your side can take much of the burden off your shoulders so you can focus on recovery.

Key Takeaways

• A drunk driver’s auto insurance will usually cover losses they cause to other innocent motorists after an accident.
• Underinsured and uninsured motorist coverage through your own policy can help fill coverage gaps if the drunk driver’s insurance doesn’t fully cover damages.
• Passengers in the drunk driver’s vehicle are often still eligible for compensation as long as they were unaware of the driver’s intoxication before the trip.
• Promptly consult an attorney to discuss the best way to pursue compensation after any accident caused by an impaired driver.

Drunk driving accidents can cause financial and emotional stress. Understanding how insurance works in these situations helps ensure you receive the maximum compensation so you can move forward. Discuss your options with an attorney to get the payment you deserve.