Auto accidents involving drivers who were under the influence of alcohol or drugs come with a price tag. If you’re struck by a drunk driver, you must call the police right away and take photographs or a video if possible. Upon arrival of law enforcement, explain that the other driver may be intoxicated – this will establish the necessary basis for a field sobriety test by the police and a subsequent Traffic Collision Report (TCR) will be made that may support your case in the process of your claim.
AUTO COVERAGE DENIALS AND DRUNK DRIVING
If you operate your vehicle while under the influence of alcohol and drugs and crash into another vehicle causing injuries and property damage, depending on your auto insurance agreement, your insurance company may refuse to cover for property damage and bodily injuries sustained by other parties. The following is a portion from an auto policy with similar language:
Part I – Liability Exclusions
- We do not provide Liability Coverage for:
- Bodily injury or property damage intended by, or reasonably expected to result from, the willful, intentional or criminal acts or omissions of an insured.
This exclusion applies even if:
- Such insured lacks the mental capacity to control or govern his or her conduct;
- Such insured is temporarily insane or temporarily lacks the mental capacity to control or govern his or her conduct or is temporarily unable to form any intent to cause bodily injury or property damage;
- Such bodily injury or property damage is of a different kind or degree than intended or reasonably expected; or
- Such bodily injury or property damage is sustained by a different person than intended or reasonably expected.
This exclusion applies regardless of whether an insured is actually charged with, or convicted of, a crime.
UNINSURED DRUNK DRIVERS AND INSURANCE COVERAGE DENIALS
If a drunk driver crashed into you, and does not have auto insurance or their auto insurance company refuses to pay for your damages due to their insured being intoxicated, then you can turn to your own Uninsured Motorist (UM) coverage for bodily injury and property damage compensation.
In cases where you do not have Uninsured Motorist (UM) coverage, then you would have no choice but to file suit against the other driver or the owner of the vehicle responsible for causing your damages. However, if the other driver is judgment proof, in other words, financially insolvent, whose income and assets cannot be obtained in satisfaction of a judgment, then you’d end up bearing your own costs and damages, such as pain and suffering compensation, bodily injuries, property damage, loss of wages and more.
NEVER SETTLE FOR LESS THAN WHAT YOU DESERVE
It’s best to have a well-organized fighter in your corner to help you recover your injury settlement compensation. Timing is everything. The strategy of providing necessary information to the insurer without providing evidence they don’t need and aren’t entitled to is an important skill of an attorney. So when an attorney is handling your case and is attentively supervising the entire process, you increase your chances of getting a higher compensation for your injuries.
Auto insurance companies are looking out for their own interests – and to pay as less as possible for your injuries. Remember, insurance companies are in the business of making money and saving money when they can. If you’re unable to reach a sensible settlement with the other side, you’ll need to file a civil case against the responsible parties in order to recover. Our work ethic prepares every single case for litigation, if necessary. Imagine if your file was improperly handled throughout the process of your claim. Believe it or not, defense attorneys love unorganized attorneys. Because they know that more holes they can poke in Plaintiff’s case, better chances they have to pay less for Plaintiff’s damages. And so, you not only need an attorney that knows the law, you need an attorney who can diligently guide your case to a successful resolution.
WHY CHOOSE ARATTA LAW FIRM?
At our firm, every injured client will be in direct contact with an attorney. Many large corporate law firms end up transferring you to a case manager – you never speak to an attorney directly and your case becomes part of the mill.
At our firm, we do things different. We pay close attention to every individual case, from the inception and throughout the process of the claim / lawsuit. Our diligence and attention to detail result in consistent higher settlements, which adds up to a higher compensation for you, the client.
ATTORNEY’S ABILITY TO NEGOTIATE
Even though you may have a solid personal injury claim, the skill and the attentiveness of your attorney can also considerably impact how much compensation you will receive for your injuries. If your injury claim is negotiated by a case manager, assigned to your file at a firm, and not an attorney, your claim may end up settling for a lesser amount. This is because adjusters know who they’re dealing with and how aggressive the firm is when settling injury cases. Insurance adjusters also know who they can bully into accepting lower settlements.
An attorney’s ability to negotiate a settlement is, in many ways, the most important skill an attorney possesses. Lawyers who are effective negotiators know the importance of timing, preparation and strategy. That being said, our firm recognizes the importance of precision, timing and subsequent results, which is the foundation of Aratta Law. At our firm, nothing happens by luck but by great preparation and good strategy.