Does Car Insurance Cover DUI Accidents in New York?

Driving under the influence is illegal in New York. Still, many accidents involve drunk drivers. Statistics show that more than 30% of fatal accidents reported annually are alcohol-related. If you are involved in a DUI car accident, it is essential to understand how insurance will play a role in covering your resulting damages. When it comes to answering the question, “Does insurance cover DUI accidents?” the help of a skilled legal team will be invaluable.

At The Tadchiev Law Firm, P.C., our DUI car accident lawyers understand how devastating it can be to deal with the aftermath of a drunk driving auto accident. Allow our team to help ease the burdens you face by handling the details of your claim. Contact us today for a free consultation.

We serve clients across New York, including Nassau County, New York City, Long Island, and Floral Park.

Insurance Coverage Varies Depending on Who Was Drinking

New York has a mandatory minimum liability coverage requirement for the owners of all registered vehicles. These include a minimum of:

• $25,000 in coverage for bodily injuries to one person
• $50,000 for injuries resulting in death to one person
• $50,000 for any bodily injury sustained by two or more parties to an accident
• $100,000 coverage for any injuries resulting in death to two or more parties
• $10,000 for resulting property damage

In addition, personal injury protection (PIP) coverage is required. In New York, drivers turn first to their own PIP policy for coverage of their medical expenses and lost wages up to the policy limit. New York’s minimum PIP coverage is $50,000.

When you purchase an auto insurance policy in New York, you are also required to purchase uninsured motorist coverage with a minimum limit of $25,000.

The applicability of this coverage will depend on whether you operate a vehicle while impaired or you sustain injuries due to another person driving while impaired.

If You Were the Driver Operating Your Vehicle Under the Influence

When you are the at-fault driver in a DUI car accident, dealing with your car insurance company can be challenging. In New York, because of the state’s “no-fault” insurance system, if you’re injured in a crash, you turn to your own PIP policy first to have your medical bills covered.

However, when you’ve caused a crash due to drugs or alcohol in your system, the situation is more complex. Under New York law, insurance companies must cover any emergency health services, such as those necessary to keep you from dying due to injuries from a DUI car crash. Any further medical expenses, though, are likely your responsibility.

In addition, you may face some consequences. These can include either policy cancellation or increases to your premium. Reviewing your policy details surrounding accidents involving drugs or alcohol will provide a better answer to the question of whether insurance covers DUI accidents.

If You Were Injured by a Drunk Driver

Were you on the other side of the equation as a victim of an accident involving a drunk driver? If so, and you have New York auto insurance, you’ll turn first to your PIP coverage for your medical expenses and lost wages to be covered up to your policy’s limit. If your medical expenses exceed your policy limits or you’ve sustained a serious injury, you can file a claim with the at-fault driver’s insurance to cover your remaining losses. For your claim to be successful, you must be able to demonstrate liability.

Determining Liability in a Drunk Driving Accident

Proving liability in a DUI car accident can be challenging. It often involves gathering and analyzing various types of evidence. This includes:

• Police report that documents the accident and notes any observations of impairment
• Blood alcohol content (BAC) test results conducted on the driver
• Statements from witnesses surrounding the driver’s behavior
• Video footage from traffic cameras, dashcams, or surveillance cameras
• Expert testimony surrounding the effects of alcohol on driving

In addition to the impaired driver, New York’s Dram Shop laws make it illegal for an establishment or social host to sell or give alcohol to anyone who is under 21 or who is visibly intoxicated.

If the drunk driver came from a drinking establishment or a social gathering where alcohol was served, and you can prove that the drunk driver was served when they shouldn’t have been, you could sue the establishment or host for your injuries and losses. This can require more extensive evidence, such as testimony from other patrons who were present when the driver was purchasing and consuming the alcohol.

What Happens if the Drunk Driver Does Not Have Insurance?

If you sustain injuries and damages in a DUI car accident with a driver who lacks adequate insurance coverage or does not have insurance, there are still options available. In this situation, you can turn to your uninsured motorist coverage for additional coverage up to your policy limit.

What Damages Are You Entitled to Recover After a DWI Accident?

Victims of DUI accidents are able to obtain compensation for a range of losses after a crash. You may be entitled to money for:

• Medical expenses for your DUI car accident injuries
• Long-term costs for therapy, rehabilitation, medication, and other recovery-related services
• The loss of income if you can’t work while recovering
• Future lost earnings due to long-term disabilities from the accident
• Any physical pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of companionship
• Property damage to replace or repair your vehicle

If the at-fault party’s insurer will not offer an appropriate settlement and your case goes to trial, you might be awarded punitive damages. Although awards of punitive damages are rare, a court might award them if the at-fault party’s actions were wantonly negligent or amounted to a conscious disregard for the rights of others. Awards of this kind are intended as punishment for the at-fault party and aim to prevent them from repeating the behavior that caused the crash.

Contact Our Car Accident Lawyers for Help

The answer to the question “Does car insurance cover DUI accidents?” depends on the specifics of the situation. Our DUI car accident lawyers at The Tadchiev Law Firm, P.C., can help provide insight into your rights and available options. We will investigate the circumstances surrounding the DUI car accident and determine how to best obtain the money you need. Schedule a free, no-obligation consultation today to get started.