Pursuing Compensation after a Drunk Driving Accident

If a drunk driver crashes into your vehicle, it is often a major event. Not only will you likely suffer physical injuries, you will also suffer psychological injuries.Under California law, if a drunk driver injured you, you have several possible sources from which to get compensation for your injuries and damages.The attorneys at Barghout Law Group, APC can help you navigate these complex waters and bring claims against the drunk driver and other prospective negligible parties.

Compensatory Damages

Drunk driver’s insurance policy – The first potential source of compensation is the drunk driver’s insurance policy. California law allows you to recover your actual damages (medical expenses, loss wages, vehicle repairs), and general damages (physical pain, suffering, inconvenience, etc.). Please note that California law allows persons to drive with only $15,000 policy limits. In most instances, you will have to be creative to be fully and fairly compensated if you are dealing with a minimum $15,000 policy.

Vehicle Owner’s insurance policy-The second potential source of compensation is the owner of the vehicle’s insurance policy. California law provides some limitations (California Vehicle Code Section 17151) but it is definitely another pocket that is available to you if the owner of the vehicle is different than the driver of the vehicle. The cause of action of Negligent Entrustment must also be explored and alleged if appropriate.

Victim’s insurance policy (uninsured/underinsured motorist insurance) – If you did not receive full justice by the drunk driver’s insurance policy (and/or the owner of the vehicle’s policy) and you have uninsured/underinsured motorist coverage, then you may file a claim against your own insurance policy. It is important to review your insurance policies annually, and ensure your uninsured/underinsured motorist coverage is adequate. There are too many people causing million dollar of damages and only carrying $15,000 policy limits. One way to protect yourself is to increase your uninsured/underinsured motorist coverage.

Punitive Damages

In contrast to compensatory damages, Punitive damages specifically intend to punish the actions of a negligent party (here, a drunk driver). Whether punitive damages are awarded are fact specific. It is imperative that your San Diego DUI attorney investigates the specific facts of your case to determine if punitive damages are available.

Contact a San Diego DUI Attorney Today

After an accident occurs, it’s difficult to see past your instant needs, which include medical treatment, rest and recovery. Seeking compensation as a victim for injuries and damages sustained by a drunk driver can intimidate anyone. If a drunk driver caused you or someone that you care about injuries, our law office can help guide you through the legal process. Contact us at 619.649.2440 today for a free, no obligation consultation.