Being involved in a drunk driving accident is a traumatic experience. Victims often face not only physical injuries but also emotional stress and financial challenges. Navigating the insurance claims process can feel overwhelming, especially when dealing with an intoxicated driver. In this article, we’ll walk you through the key steps to take and the legal considerations that will help you maximize your claim and secure the compensation you deserve.
The Severity of Drunk Driving Accidents in North Carolina
Drunk driving is a serious issue in North Carolina. According to the North Carolina Division of Motor Vehicles, alcohol-related crashes account for a significant number of traffic fatalities each year. Victims of these accidents often face long-term consequences, including debilitating injuries, loss of income, and emotional trauma. Filing an insurance claim is often the first step in seeking financial recovery, but this process can be complex, especially when alcohol impairment is involved.
Steps to Take After a Drunk Driving Accident
Call Emergency Services
Your first priority after any accident is safety. Call 911 immediately to report the accident and request medical assistance. If possible, provide detailed information to law enforcement, including your suspicions that the other driver is intoxicated. The police report will play a crucial role in your insurance claim.
Gather Evidence at the Scene
If you are physically able, gather as much evidence at the scene as possible. Take photos of the vehicles, road conditions, visible injuries, and any signs of alcohol consumption (e.g., open containers). Collect contact information from witnesses, as their statements can help support your claim.
Seek Medical Attention
Even if you feel fine after the accident, it’s essential to seek medical attention right away. Some injuries, like whiplash or internal damage, may not present symptoms immediately. A prompt medical evaluation also provides documentation that links your injuries to the accident, which will be crucial for your claim.
Notify Your Insurance Company
Contact your insurance company as soon as possible to report the accident. Be honest but avoid speculating about fault or the severity of your injuries. Keep your statements factual, as anything you say could be used to minimize your claim later.
Consult an Attorney
Drunk driving accidents often involve complex legal issues. An experienced personal injury attorney can help you navigate the insurance claims process, ensuring that your rights are protected and that you receive fair compensation.
Dealing with Insurance Companies After a Drunk Driving Accident
Filing an insurance claim after a drunk driving accident can be more complicated than in other types of accidents. This is due to several factors:
The Role of Comparative Negligence in North Carolina
North Carolina follows a strict contributory negligence rule, meaning if you are found even 1% at fault for the accident, you may be barred from recovering any compensation. While this rule may seem unfair, an attorney can help you build a strong case to prove that the other driver’s intoxication was the sole cause of the accident.
Multiple Insurance Claims
In drunk driving accidents, there may be multiple insurance claims involved:
- Your Own Insurance: If the at-fault driver does not have sufficient insurance, you may need to file an underinsured or uninsured motorist claim with your own insurance company.
- At-Fault Driver’s Insurance: The intoxicated driver’s liability insurance should cover your medical expenses, lost wages, and property damage. However, insurance companies often try to minimize these payouts.
Dealing with Insurance Adjusters
Insurance adjusters work for the insurance company and aim to minimize the amount paid out. Be cautious when speaking with them and avoid providing recorded statements without consulting your attorney. Adjusters may try to shift some of the blame onto you to reduce the payout.
Documenting Your Losses
To maximize your insurance claim, it’s essential to document all of your losses thoroughly. This includes:
- Medical Bills: Keep detailed records of all medical expenses, including hospital visits, medication, and rehabilitation.
- Lost Wages: If you miss work due to your injuries, document your lost income and any potential future losses if your injuries affect your ability to work.
- Property Damage: Obtain repair estimates for your vehicle and any other damaged property.
- Non-Economic Damages: In addition to tangible losses, you may be entitled to compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
Proving Drunk Driving in an Insurance Claim
While a police report indicating the other driver’s intoxication can help your case, proving drunk driving in an insurance claim involves more than just the report. Some key pieces of evidence include:
- Breathalyzer or Blood Test Results: These can confirm the driver’s blood alcohol concentration (BAC) at the time of the accident.
- Witness Statements: Eyewitnesses can testify about the driver’s erratic behavior or signs of intoxication.
- Arrest Records: If the driver was arrested for driving under the influence (DUI), this can strengthen your claim.
Potential Compensation After a Drunk Driving Accident
If your claim is successful, you may be entitled to various types of compensation, including:
- Medical Expenses: This covers past and future medical bills related to the accident.
- Lost Wages: Compensation for income lost due to the accident, as well as future earning potential if your injuries prevent you from returning to work.
- Property Damage: Repair or replacement of your vehicle and other damaged property.
- Pain and Suffering: Compensation for physical pain, emotional distress, and other non-economic damages.
- Punitive Damages: In North Carolina, you may be entitled to punitive damages in cases of egregious misconduct, such as drunk driving. These damages are designed to punish the at-fault driver and discourage similar behavior in the future.
The Importance of Legal Representation
Dealing with the aftermath of a drunk driving accident is challenging, especially when facing insurance companies that aim to minimize their payout. An experienced attorney can:
- Negotiate with Insurance Companies: Your attorney will handle all communications with insurance adjusters and fight for the maximum compensation you deserve.
- Build a Strong Case: From gathering evidence to working with accident reconstruction experts, your lawyer will ensure that every aspect of your case is covered.
- File a Lawsuit if Necessary: If the insurance company refuses to offer a fair settlement, your attorney can file a lawsuit and take the case to court.
Secure the Compensation You Need After a Drunk Driving Accident in North Carolina
Navigating the aftermath of a drunk driving accident in North Carolina can be a daunting process, especially when dealing with insurance claims. By understanding your legal options and working with a skilled attorney, you can protect your rights and ensure you receive the compensation you are entitled to. At Schehr Law, PLLC, we are committed to standing by your side every step of the way. From gathering evidence to negotiating with insurers, our team will guide you through the complexities of the legal process, giving you peace of mind as you move forward.
Contact Schehr Law, PLLC: Trusted Advocate for Drunk Driving Accident Victims
If you or a loved one has been injured in a drunk driving accident in North Carolina, don’t wait to seek legal representation. At Schehr Law, PLLC, our experienced team understands the complexities of these cases and is dedicated to helping you secure the compensation you deserve. Located in Charlotte, we proudly serve clients throughout North Carolina. Contact us today for a free consultation to discuss your rights and begin your path to recovery. Let us fight for you while you focus on healing.