The worse happens: a drunk driver strikes your vehicle and you and/or any of your passengers are injured because of it. The drunk driver is apprehended and taken into custody. You are taken to the hospital for personal injuries. What happens next?
For many people who are hit by a drunk driver and survive, they often think they can’t file a claim if the driver has been charged and is undergoing a criminal investigation. That is far from the truth. Here’s what you should know if you are in a car accident caused by a drunk driver and sustain injuries, particularly brain trauma, spinal cord injuries, or multiple bone injuries common to drunk driving accidents.
Drunk Drivers are Drivers Nonetheless and May Have Auto Insurance
A drunk driver is not always a drunk driver. In fact, other than driving this one time behind the wheel while under the influence of alcohol, the driver may be a good citizen who otherwise follows the law. That means, he or she likely has auto insurance. And that means you can file a claim with his or her auto insurance and can be recompensed for all your damages up to the limits provided by the terms of the drunk driver’s auto insurance.If the drunk driver’s auto insurance tries to settle for less than what you are owed, you can sue. In fact, you can sue.
Drunk Drivers May Be Required to Pay Restitution if Convicted
You should also be aware that if the drunk driver is eventually found guilty of driving while intoxicated (DWI) or driving under the influence (DUI) in New Hampshire, then it is possible that the court will mandate he or she pay restitution. This means the court, as part of the drunk driver’s punishment, requires he or she pay you a specific court-ordered sum.
The court, however, will likely consider the financial circumstances of the convicted DWI driver. In many cases, that may mean a minimal amount if any.
You May Also Qualify for Compensation under New Hampshire’s Victims’ Compensation Program
New Hampshire operates a Victims’ Compensation Program. Persons who qualify include persons who have been injured due to a car accident caused by a drunk driver. This fund can help offset the costs of medical care and loss of income due to time off work. It does not cover things like pain and suffering or household living expenses.
So, if you have been struck by a DWI or DUI driver in New Hampshire, you have options to recover the expenses for your medical care, loss of income, property damage, and pain and suffering. The goal is to make you as “whole” as possible again, and at Tenn And Tenn, PA, that’s what we strive for.
If you have been injured by a DWI or DUI driver, contact us immediately to make sure you benefit from all options available to you.