When a Drunk Driver Hits You and Insurance Isn't Enough
The number of people who get behind the wheel when impaired is staggering. Even if you always drive responsibly, you are at risk at one point or another of being hit by a drunk driver. But what do you do if your insurance coverage is not enough to cover damages?
The auto accident attorneys at Fanelli, Evans, & Patel understand the devastation caused by impaired driving. We believe that victims of drunk driving accidents deserve to be fully compensated for their financial, emotional, and physical losses. To keep you better informed, our Pottsville, PA legal team would like to discuss your options when insurance is just not enough.
UM/UIM Coverage in Pottsville, PA
Auto insurers are legally obligated to offer drivers UM/UIM coverage. If you choose to decline it, you must do so in writing. You may file an uninsured motorist (UM) claim if the other driver is uninsured or an underinsured motorist (UIM) claim if the other driver does not carry sufficient coverage. Minimum bodily injury coverage is $15,000 per person and $30,000 per accident.
Medical bills can add up quickly, with a single ER visit costing thousands of dollars. Even having minimum UM/UIM coverage can be a lifesaver. For example, if you have a $30,000 bodily injury claim but the other driver only carries the minimum $15,000 in bodily injury liability coverage. Your UM/UIM insurance will cover the remaining $15,000. However, our legal team recommends buying more protection than the minimum amount.
Filing a Personal Injury Suit Against the Other Driver
The Commonwealth allows drivers to carry limited tort or full tort insurance policies. Under full tort coverage, you are allowed to recover pain and suffering (non-economic damages). Pain and suffering damages are considered any losses that impact your quality of life, but do not take money out of your pocket. In contrast, you can only recover lost wages, medical expenses, and other economic damages under a limited tort policy.
However, there are exceptions in which limited tort policyholders can make a full tort claim. These statutory exceptions are outlined in 75 Pa.C.S. § 1705(d). Among several, one of these exceptions is if a drunk driver hits you. However, the driver must be convicted of a DUI or plead guilty and participate in an Accelerated Rehabilitative Disposition (ARD) program. If you are unsure if you can make a full tort claim, you should speak with a Pottsville auto accident attorney.
Dram Shop Liability
Pennsylvania law forbids bartenders, servers, or establishments from selling or furnishing alcohol to anyone who is “visibly intoxicated” or underage. If the driver who hit your vehicle had slurred speech, bloodshot eyes, or was stumbling at the time of being served, you could sue the establishment for your injuries. Examples of establishments that could be held liable include restaurants, hotels, bars, casinos, breweries, and wineries. Before taking legal action against an establishment or alcohol vendor, you should speak with a car accident attorney.
Injured? Reach Out to Our Pottsville Car Accident Attorneys
If you have been injured at the hands of an intoxicated driver, our Pottsville car accident lawyers would like to speak with you. With over 100 years of combined experience fighting for car accident victims, Fanelli, Evans, & Patel has helped thousands of individuals recover the compensation they deserve. Whether your injuries are minor or severe, our legal team is ready to fight for you. To arrange your free consultation, contact us online or by calling (570) 622-2455 today.