Filing a hit by a drunk driver claim is an important step toward getting the compensation you deserve. The options you have may vary depending on the circumstances and the applicable state laws.
First, as with any other car accident, you can file a claim with the drunk driver’s insurance company for compensation for your medical bills, lost wages, and other damages. If you live in a “fault” state, you can always take legal action against the at-fault driver; if you live in a “no-fault” state, you need to file a claim with your own insurance company first and must meet certain criteria to file a third-party claim. Either way, the legal action you take against the drunk driver is separate from any criminal charges.
In some cases, you may also be able to file a “dram shop” claim against the business that served alcohol to the drunk driver. The criteria to file dram shop claims vary from state to state – usually, you need to show that either the business served alcohol to someone who was already visibly intoxicated, or someone under the legal drinking age. An attorney licensed in your state can explain the applicable criteria.
You may also have access to no-fault benefits from your own insurance company such as personal injury protection (PIP) or medical payments coverage (MedPay).
If the drunk driving accident resulted in a death, the family of the victim may be able to obtain compensation through a wrongful death claim.