The good news is that insurance generally covers DWI accident claims. The not-so-great news is that the path to fair compensation isn’t easy. The at-fault motorist’s insurer may deny liability because its policyholder acted with egregious negligence. The claims adjuster may even blame you for what happened.
In the aftermath of a serious DWI accident, you benefit from consulting a Dallas DWI accident lawyer. The team at Loncar Lyon Jenkins can evaluate your claim and explain what role the liable insurance policy plays in your car accident case.
Most Injured Claimants Initially Seek Damages Through Insurance
Texas operates on a fault-based system when it comes to car accidents. Following a collision, you generally file a claim based on the at-fault driver’s insurance policy. However, this can get complicated if their intoxication led to the collision because:
- The liable policy may exclude illegal acts, such as driving while intoxicated.
- The other party’s insurer may offer misleading information, hoping to evade liability.
- The insurer may insist that you file a claim with your own policy first, which would lead to insurance premium increases.
Insurance companies are for-profit businesses with one singular goal: to make money selling policies. Paying for injured people’s losses cuts into their bottom lines, so some insurers do anything possible to derail the claims process.
This won’t be a problem when you hire a personal injury attorney from Loncar Lyon Jenkins. We rely on our decades of legal experience when holding the at-fault party financially accountable for your losses.
800-285-HURT (4878)Available 24/7 | 356 Days | se habla español
Your Insurance Coverage Options Following a DWI Accident
Your financial recovery options depend on the circumstances of your collision, including the severity of your condition and the parties involved. However, you could recover fair compensation through one or more of the following avenues:
- A claim with your own insurance policy. You may have purchased “no-fault” coverage, meaning you could get reimbursement regardless of who caused the collision. Your policy may also offer underinsured/uninsured motorist protection coverage, which your insurer is required to offer upon selling you a policy. You might have this protection and not even know it.
- A claim with the at-fault driver’s policy. Every motorist in Texas must carry liability coverage. This coverage may extend to illegal acts, such as drunk driving, depending on the coverage the at-fault party purchased.
- A lawsuit. If filing a personal injury claim doesn’t yield fair compensation for your losses, you could sue the at-fault party and have a judge decide on the matter. You generally have two years to initiate litigation under Texas Civil Practice and Remedies Code § 16.003.
You could have other financial recovery options not listed here. A drunk driving accident lawyer from our firm can explain them upon evaluating your case.
Insurance Could Cover Your Injury-Related Losses After a DWI Accident
An insurance claim, whether filed with your own insurer or another party’s insurer, could offer compensation for various injury-related losses, including:
Economic Damages
These include your direct financial losses, comprising:
- Medical expenses: Covering the full spectrum of healthcare costs, from immediate emergency care to long-term rehabilitative services.
- Lost earnings: Compensation for the income lost due to an inability to work, encompassing lost wages, tips, bonuses, and benefits. You could also recover compensation for any long-term harm to your earning power.
- Property damage costs: Reimbursement for the repair or replacement of property damaged in the accident, such as your vehicle.
- Additional out-of-pocket costs: Covers miscellaneous expenses incurred from the accident, such as costs for alternative transportation, childcare services, and necessary home or vehicle modifications to accommodate disabilities.
Non-Economic Damages
Unlike economic damages, non-economic damages do not come with inherent dollar values. How much you can recover is unique to your situation and largely depends on the severity of your condition. That said, some recoverable non-economic damages in your DWI accident claim could include:
- Pain and suffering: Compensation for the physical pain and ongoing discomfort experienced due to the accident-related injuries.
- Emotional distress: Addresses the psychological impact of the accident, including conditions like anxiety, depression, and PTSD, which stem from the ordeal.
- Loss of consortium: Reflects the adverse effect on intimate and familial relationships resulting from the injuries, covering diminished companionship, affection, and support.
- Disfigurement and scarring: Offers compensation for the lasting changes in appearance and the consequent psychological and social effects.
- Disability: Offers compensation for lasting or permanent physical disabilities that affect your daily life and the ability to perform tasks.
800-285-HURT (4878)Available 24/7 | 356 Days | se habla español
How You Can Bolster Your DWI Accident Claim
When you hire a DWI accident lawyer, they handle everything that goes into building your case and securing compensation for your losses. However, there are some considerations that could bolster your claim’s outcome. If possible, you should:
- Get immediate medical attention. This makes a direct connection to the accident and your injuries. Also, your legal team can use your imaging scans and other medical documentation to illustrate the severity of your condition.
- Refrain from discussing the incident online. The claims adjuster could view your posts and use any information you share to devalue your claim or question the severity of your condition.
- Avoid giving the claims adjuster a recorded statement. The insurance adjuster may hope to take advantage of your vulnerability by requesting a recorded statement. Then, by asking “loaded” questions, they could take your words out of context and use them against you.
- Keep all case-related documentation. Even the smallest shred of evidence could make or break your DWI injury case. Be sure to keep all injury-related photos, medical bills, and information from your healthcare provider. If possible, take pictures of the damage to your vehicle, and keep all correspondence between you and the insurance company.
Explore Your Financial Recovery Options with Our Drunk Driving Injury Lawyers
By understanding your insurance coverage options after a DWI accident, you can make informed decisions regarding your health, injury claim, and mental well-being. Loncar Lyon Jenkins is available 24 hours a day, seven days a week, to start your free consultation. Today, we can discuss your case’s merits and what comes next in your pursuit of fair compensation.