What can I do if I was injured by a drunk driver? 71 Answers as of July 17, 2013

I was stopped at a red light when I was struck by a drunk driver. I was on a motorcycle. I've been in the hospital since June 4. I haven't gotten a police report or even know if the guy has insurance. I had to have my leg amputated. The hospital wants to send me home. What can I do? I need a prosthetic leg and therapy!

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Law Office of William Justice Whitaker
Law Office of William Justice Whitaker | William J. Whitaker
You have a few options for your recovery. First, if the person was "drunk" or their BAC was over .15% you may be entitled to punitive damages against him. You can go after the insurance policies of the person that hit you as well as the insurance policies of the people who live with him. This is called "stacking" and for the severity of your injury I would think that this is an avenue that you should pursue. In addition, you can go after your "under-insured" motorist coverage from your insurance as well as stacking the under-insured policies of anyone who lives in the same home as you. I would be happy to discuss your case with you in detail.
Answer Applies to: Virginia
Replied: 8/2/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
First, fight to stay in the hospital if you need it. If they kick you out, go right back to that hospital or a different one if you need medical attention. My fingers are crossed that you have insurance and that you do not have to worry about the money aspect of what is going on. You should be focusing on your recovery. Also, an attorney should be able to work with the hospital to hold off on collections because a lawsuit is pending. Hospitals are used to dealing with that, and many of them are willing to work with us. Okay, with all that said, here's what should happen from here: First, you should be able to get the police report as soon as it is in its final form (that is, approved and signed off by the supervisor). There are a few complications involved in this, but generally speaking, you should get the report. An attorney can also talk to the prosecutor for you and find out if criminal charges are being brought. Obviously, they should be. In a situation like yours, an attentive lawyer will also immediately go to the scene and begin gathering evidence. This should be done as soon as possible, and since you are in no position to do it yourself, either your attorney or a friend/family member should get over there asap and photograph everything before the heat and rain eats it up. Witness interviews are also critical as memories fade quickly. This task is better left to an attorney who knows how to do this without creating "conflicts" or other problems. As a side note, I have some personal ties to drunk driving cases. My uncle lost his legs in a motorcycle accident, my high school friend was killed by a drunk driver, and I watched a kid who is like a brother to me learn to walk again after he crashed into the back of a semi. He was intoxicated at the time. I can't begin to imagine what you are going through, but I can relate to the pain and anger that your friends and family are feeling right now.
Answer Applies to: Missouri
Replied: 8/8/2011
The S.E. Farris Law Firm
The S.E. Farris Law Firm | Spencer E. Farris
Contact a lawyer immediately. You should have a copy of the police report by now, or someone should get it on your behalf. The problem in serious cases like yours is collecting your damages. Drunk drivers rarely have enough insurance or assets to satisfy a judgment, and every day that you delay is another day they can use to hide the assets they have.
Answer Applies to: Missouri
Replied: 7/29/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
You have an excellent case. It looks like you need the assistance of an attorney. You should hire one right away and let them help you. You can call me if you have any questions.
Answer Applies to: New York
Replied: 7/27/2011
The Law Office of Eric R. Chandler, P.C., L.L.O.
The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
There are a lot of things you can do. It all depends on who hit you and what insurance coverage is available (both his or her insurance and your insurance). You should contact an accident lawyer nearby as soon as possible.
Answer Applies to: Nebraska
Replied: 7/27/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Hire an attorney. You have what sounds like a great case. If you want to discuss this in more detail call me at the numbers listed below. Do not speak to insurance adjusters or anyone until you have a good lawyer representing you. We only handle serious personal injury cases. We do not manufacture cases out of fender benders and have a good reputation for being honest and getting the most for our clients. If you would like to discuss this in more detail call me at the numbers below. I would be happy to assess your case for you. There is no obligation and no fee unless we get you a settlement.
    Answer Applies to: Massachusetts
    Replied: 7/27/2011
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    Unfortunately, as a motorcyclist you likely do not have personal injury protection (PIP) coverage on your insurance. PIP is a no fault provision that covers your medical expenses and lost wages in the first year after your accident (up to a minimum of $15k). Since you likely do not have PIP you will have to use your health insurance to cover your bills. If you don't have health insurance you should be able to apply to have the drunk driver's PIP cover you. Your injuries are serious enough that $15k will not take you very far. If you have been in the hospital since 6/4 you probably have exceeded that by now. In that case you will have to cover your bills until your claim against the other driver is resolved. This is requires some considerable skill to negotiate with your health care providers. I often advocate for my clients with their providers to get them to allow my clients to make nominal monthly payments until the case is resolved. Most providers understand that they will eventually get paid and they want to work with you rather than send you to a collection agency. If I were you I would consult with an attorney as soon as possible. If I received a call from someone in your position I would be down to the hospital immediately to talk to you and collect evident (pictures). I would then contact the police and the district attorney to get a copy of the police report. I would then use that information to open a claim with the bad guy's insurance company. Cases like yours are difficult and can take a long time. You do not want to settle the case for whatever the insurance company offers you out of the gate. They will try to settle the case for the lowest dollar figure they can. It is important that you determine what the policy limit is and whether the defendant has any personal assets prior to settling your claim. I know that is difficult when you are trying to pay your medical bills and are unable to work, but that is what the insurance company is relying on.
    Answer Applies to: Oregon
    Replied: 7/26/2011
    Law Office of Sam Levine, LLC
    Law Office of Sam Levine, LLC | Sam L. Levine
    I am so sorry that this happened to you. You need to speak to a passionate & caring attorney who'll advocate for you. I am happy to speak with you. Likewise, there are many other capable lawyers who could also assist you.
    Answer Applies to: Georgia
    Replied: 7/26/2011
    Law Offices of Joseph I. Lipsky, P.A.
    Law Offices of Joseph I. Lipsky, P.A. | Joseph Lipsky
    We are sorry to hear of your tragic situation. As Florida Attorney's who only represent victims of serious personal injuries and car accidents, we strongly urge you to immediately contact an experienced attorney to fully investigate the facts surrounding your accident. Such an investigation may reveal various sources of recovery for your obviously significant medical issues. We offer free no obligation consultations for situations such as yours.
    Answer Applies to: Florida
    Replied: 7/26/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You can sue the guy, but it might not be worth while if he had no auto insurance
    Answer Applies to: Michigan
    Replied: 7/26/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    You need to contact a personal injury lawyer and use the resources of that office to help with your problems. The office can uncover the names and parties liable to you, also the insurance coverage available. There are alternative sources available for your health care needs.
    Answer Applies to: Virginia
    Replied: 7/26/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You may wish to call an attorney to look into getting a wreck report and see what insurance is available. You can begin checking yourself. You may wish to call the Solicitor's Office, Sherriff's Department, or Highway Patrol in the county where the accident occurred to see if there is a felony DUI case with you as a victim (if you do no already have this info). Through these agencies, you should be able to get enough info to order a wreck report. Often drivers have the minimum $25,000.00 insurance. I have used techniques that have allowed me to collect more than the minimum.
    Answer Applies to: South Carolina
    Replied: 7/26/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You certainly have a case against the drunk and may have claims for medical bills from your motorcycle insurer. I would like to speak to you about this at your earliest convenience.
    Answer Applies to: Michigan
    Replied: 7/26/2011
    Potter Law Offices
    Potter Law Offices | Cal J. Potter, III, Esq.
    Do you have underinsured medical coverage or uninsured medical coverage? Of course you will also need to check with the police department to get the accident report.
    Answer Applies to: Nevada
    Replied: 7/26/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You should contact an attorney right away. An attorney can help you determine if the other driver has insurance and how much. If you have Personal Injury Protection (PIP) benefits, that will pay some of your medical bills and lost income.
    Answer Applies to: Oregon
    Replied: 7/26/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You can sue the driver's insurance company for the damages and he will be held liable for any excess above his policy. We would need to take a look at his policy to see whether there are any limitations. We can help with identifying the insurance company, person who hit you and obtaining the police report. I am so sorry you are going through this. I hope we can help.
    Answer Applies to: Pennsylvania
    Replied: 7/26/2011
    Everett Walton, Attorney at Law
    Everett Walton, Attorney at Law | Everett Walton
    You should contact a personal injury lawyer as soon as possible.
    Answer Applies to: Hawaii
    Replied: 7/26/2011
    The Kelly Law Firm, P.C.
    The Kelly Law Firm, P.C. | L. Todd Kelly
    We represent people in cases like yours. Happy to help. "Courage is not the absence of fear, but the ability to rise and face it." - Anonymous
    Answer Applies to: Texas
    Replied: 7/26/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    You can sue the driver and possibly the place where he became drunk. See a qualified lawyer quickly.
    Answer Applies to: Alabama
    Replied: 7/25/2011
    The Torkzadeh Law Firm
    The Torkzadeh Law Firm | Reza Torkzadeh
    The most important decision you can make is to immediately seek the advice and services of an attorney who has experience handling motorcycle accidents - and specifically with injuries similar to yours.
    Answer Applies to: California
    Replied: 9/19/2012
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Sheldon J. Aberman
    Which police department responded to the scene of the accident? Were you given a police report number? Did you have uninsured and/or underinsured motorist coverage? How much coverage did you have? What type of treatment were you provided in the hospital? Why are they discharging you at this time, without performing the amputation?
    Answer Applies to: Illinois
    Replied: 6/26/2013
    Harris Personal Injury Lawyer
    Harris Personal Injury Lawyer | Ryan D. Harris
    First off, I am very sorry to hear about what has happened to you. I recently handled a case for a motorcyclist who also lost his leg, and I know you are dealing with a lot right now and clearly you feel overwhelmed. The drunk driver is liable to you civilly for the injuries he/she has inflicted. The drunk driver is also potentially liable to you for punitive damages. Likely, there is a criminal case against the drunk driver, which will be handled by the district attorney; however, you need to contact a personal injury attorney immediately to ensure your rights are protected in your civil case against the drunk driver. The civil attorney can obtain a copy of the traffic collision report and can do the investigation required to find insurance coverage, if any, for the drunk driver. The attorney can also help you with the process of securing a prosthetic leg and obtaining therapy, and in recovering civil damages from the drunk driver. Any reputable personal injury attorney will consult with you free of charge, and will handle your case on a contingency fee basis.
    Answer Applies to: California
    Replied: 7/25/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    You need to hire a personal injury attorney right away. If the driver who caused the accident has insurance, then you will have a claim against the driver and owner of that vehicle. He may also be entitled to insurance that you have or that someone whom you live with has. Call an attorney right away.
    Answer Applies to: Florida
    Replied: 7/25/2011
    Law Offices of Andrew D. Myers
    Law Offices of Andrew D. Myers | Andrew D. Myers
    If the police have not contacted you, someone needs to do the running for you to obtain the police report and determine if there is coverage. Generally, the primary coverage on medical bills in a vehicle accident is the operator's own insurer, through the medical payments provision. If there is none, secondary would be health, with a lien to the third party carrier for the person who caused the accident.
    Answer Applies to: New Hampshire
    Replied: 7/25/2011
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    You have two years in which to file a lawsuit. Begin by calling and writing to the police department and ask for a copy of the police report. On the report will be all the information about the incident, including the driver's name and address. Then begin looking for an attorney that handles personal injury cases. DO NOT neglect your therapy. Your first responsibility must be to heal yourself as best you can and not worry about your damages. Leave that to your lawyer. Hopefully, the drunk driver was insured and/or has assets.
    Answer Applies to: New Jersey
    Replied: 7/25/2011
    Timothy Jones, Attorney at Law
    Timothy Jones, Attorney at Law | Timothy Jones
    An investigation should be conducted immediately. It is critical to determine where the defendant was drinking prior to the accident. If the defendant was served while "visibly intoxicated", additional defendants may be implicated such as: a bar, restaurant or homeowner. Insurance issues need to be sorted out so that your healthcare continues uninterrupted. I encourage you to hire an attorney immediately, to ensure your rights are protected.
    Answer Applies to: Oregon
    Replied: 7/25/2011
    Martinson & Beason, PC
    Martinson & Beason, PC | Elizabeth Beason Moore
    You can sue the person and you should also review your own Insurance policies to find out if you have under or unisured coverage. This also goes for policies of insurance for anyone you live with.
    Answer Applies to: Alabama
    Replied: 7/25/2011
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    I'm sorry to hear of your accident and injuries. The good news is that we can help you get the money you deserve for all your injuries, damages and losses, including medical, hospital, rehabilitation, occupational therapy (and yes, prosthetics), wage losses, future care, pain and suffering, permanent impairment and anything else this accident has caused. We are a full service personal injury law firm - give us a call right away. Even if you don't contact us, please call another qualified injury law firm right away to help you.
    Answer Applies to: Colorado
    Replied: 7/25/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    You almost certainly have a case against the drunk driver for negligence and possibly gross negligence. You should be able to recover your past and future anticipated medical expenses, compensation for pain and suffering, compensation for lost wages (past and future, including loss of earning capacity), and potentially punitive damages. With a little more information, I could obtain the police report for you and determine if the driver has insurance and/or assets. It is also possible that your own insurance will help cover your losses.
    Answer Applies to: Florida
    Replied: 2/20/2012
    Suisman Shapiro
    Suisman Shapiro | John A. Collins
    You have several options, some of which are time sensitive. You may bring a claim against the drunk driver; we can find out whether and how much insurance he has. If he has inadequate insurance, you may also be able to bring a claim, depending on your own coverage, against your own insurance carrier for underinsured or uninsured motorist coverage. You may also be able to bring a claim against a bar or other individuals who may have served him while he was intoxicated. The claim against the bar is known as a dram shop claim and a proper notice must be given to the bar within a relatively short time frame. You may have other options as well but I would need to know additional information in order to assist you.
    Answer Applies to: Connecticut
    Replied: 7/25/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    Sorry to hear about your leg. Have you contacted your own insurance company? You should have some medical insurance coverage on your policy, even if the drunk driver has nothing. You obviously need to get a copy of the police report and then hire a personal injury attorney to pursue the driver for your damages.
    Answer Applies to: California
    Replied: 7/25/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You should contact your insurance carrier and medical insurance provider. Then caontact a qualified personal injury attorney. Sorry to hear about the extent of your injuries. Best of luck.
    Answer Applies to: California
    Replied: 7/25/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Well you obviously have a major claim here. Have you been interviewed by police or notified to appear in court? If there is a major injury like this they will usually prosecute the driver. I just handled a similar case and my client who was injured was asked to testify in the criminal proceeding, but ended up not doing so. The fact of the DUI and the criminal prosecution had the drivers insurance carrier essentially roll over and pay the policy limits. Thats is the number you dont know here does the driver have a $15,000 policy or a $500,000 policy. Your insurance carrier, assuming you had one, might be helpful here. If you carry underinsured motorist coverage, your own policy would pay the difference between the drivers policy and yours, but only if your coverage is more than the drivers policy limit. You need to speak to an attorney as soon as you can to ascertain all of your options.
    Answer Applies to: California
    Replied: 7/25/2011
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    I am very sorry to hear what you have had to endure over the last several months. If you have been injured by a drunk driver, you definitely need a competent attorney who can help you determine why type of damages you can recover and from who and where.
    Answer Applies to: Louisiana
    Replied: 7/25/2011
    Bristol & Dubiel LLP
    Bristol & Dubiel LLP | Murray L. Bristol
    You have the right to sue the person for your damages you suffered including pain and suffering and loss your leg. I would recommend that you contact an attorney who can provide you legal advice.
    Answer Applies to: Texas
    Replied: 7/25/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    You need to contact an experienced injury attorney right away. A lawyer can find out what resources are available to help you. For instance, an experienced personal injury lawyer can determine the insurance coverage limits of the driver who struck you and arrange for an asset check of the defendant. The lawyer can also explore if there are any other potential sources of recovery. I am sorry that you lost your leg and that makes it even more important that you consult a lawyer and protect yourself. A good lawyer will also begin an investigation of liability and will try to preserve evidence. If nothing else, an experienced injury attorney can advise you how to proceed in your situation.
    Answer Applies to: Virginia
    Replied: 7/25/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You may have a great case. You need a great lawyer. Assuming there is coverage. There is a good chance a drunk driver may be uninsured or at a minimal level. You need to do a credit check to see if the bad guy has any assets you can get to (real estate for example).
    Answer Applies to: North Carolina
    Replied: 7/25/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You can get a copy of the Police Accident Report very easily: Just make a request pursuant to Public Officer's Law Section 66-a. You will have to show that you were involved in the accident, and of course provide enough information for them to find it (date, place, etc). The report will have information concerning his insurance. Automobile liability insurance is require in New York. If he did not have insurance, you can file a claim with the Motor Vehicle Accident Indemnity Corporation.
    Answer Applies to: New York
    Replied: 7/25/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    I am so sorry to hear about your accident. There are many complicating factors in your case. You need to speak to an experienced attorney right away.
    Answer Applies to: Oregon
    Replied: 7/25/2011
    Law Offices of Earl K. Straight
    Law Offices of Earl K. Straight | Earl K. Straight
    You need to hire an attorney ASAP. An attorney can investigate the claim, find out who hit you, whether they have insurance and how much insurance they have, and can begin negotiations with the insurance company as quickly as possible. An attorney will also explore any other sources of recovery to make sure you are fully compensated.
    Answer Applies to: Texas
    Replied: 7/25/2011
    Judnich Law Office
    Judnich Law Office | Martin W. Judnich
    You have a very complicated claim. However, from what you have described, as long as the other driver has insurance, you should have monies available for your therapy and what I would assume are very high hospital bills.
    Answer Applies to: Montana
    Replied: 7/25/2011
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    I am very sorry to hear about this terrible incident. Please accept my sympathy for the loss of your leg and my hopes for your recovery from your injuries. This is a liability claim against the driver of the car that struck you. You said that he was drunk and if the police did their job correctly (sometimes they do not) the driver was arrested, alcohol tested and cited with the appropriate criminal charges. That means that the facts of the incident and his intoxication were properly documented. That information can be used for a liability claim against his automobile insurer and, if applicable, against your motorcycle insurer or your automobile insurer (if you also own a car) for uninsured/underinsured motorist coverage. Do you have health insurance? That should provide you with a prosthetic limb. You may have medical payments coverage (med-pay) under your motorcycle policy or automobile policy (again if you have a car). You need an attorney who knows about automobile/motorcycle claims as well as insurance coverage issues. Hire such an attorney IMMEDIATELY! Do not hire a divorce, criminal or will, etc. lawyer. They will not know what to do and will screw up your case.
    Answer Applies to: Georgia
    Replied: 7/25/2011
    Harris Personal Injury Lawyer
    Harris Personal Injury Lawyer | Philip C. Alexander
    You should immediately contact an experience personal injury lawyer that specializes in auto cases. We handle these types of cases. An experienced attorney will help you determine all possible avenues for recovery, including a claim with your own insurance company (if coverage permits).
    Answer Applies to: California
    Replied: 7/25/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    The first thing you need to do is find out if he has insurance, and a lawyer could do that for you very quickly. Additionally, if he was drunk, you have the potential for getting punitive damages, which increases the value of your case. I would contact a good personal injury lawyer right away, if I were you. If you don't know one, rather than just calling one you see on television, try contacting a lawyer you know for a referral to a very good personal injury lawyer.
    Answer Applies to: Florida
    Replied: 7/25/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    You need to get a lawyer to find out what you will be able to do in pursing the drunk driver. Do you have any form of insurance...on your motorcycle or through work? Or, are you potentially able to procure Medicaid to help you? I would try to get with the hospital rep and see what can be done to get you the help you need. But, I would first secure an experienced lawyer to help you.
    Answer Applies to: Florida
    Replied: 7/25/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You should get an attorney as soon as possible. They can get the accident report and determine if the other driver has insurance.
    Answer Applies to: Alabama
    Replied: 7/25/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend that you contact and retain a personal injury attorney ASAP concerning your rights and options. If your family cannot help you gather the records and other necessary information, your attorney should be able to get the job done. Good luck to you!
    Answer Applies to: Georgia
    Replied: 7/25/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Consult withand/or retain a personal injury attorney who should assist you in finding out whether the drunk driver carried insurance at the time of the accident which caused your injuries. If so, you can have a claim processedwith that person's insurance carrier. If liability is accepted, your medical and other related expenses should be later paid by that insurance company.The police accident report usually has the names of the parties' insurance carriers, if they have insurance.
    Answer Applies to: Indiana
    Replied: 7/25/2011
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    What a horrible tragedy. I am so sorry to hear of this unfortunate event that has now changed the rest of your life. In Massachusetts, you are entitled to make a claim for your pain and suffering. There will definitely be a police report on file and if you hire a law firm, they can certainly obtain it for you. Every car registered in Massachusetts is obligated to have insurance coverage for this exact type of accident. It is called bodily injury coverage. There is a minimum amount to purchase, which is called a 20/40 policy. This means that any person injured in an accident can go to the at fault party's insurance and can collect up to 20,000 dollars. Of course, owners can purchase more than the minimum, and many do. Again, a law firm can contact the at fault party's insurance and obtain the coverage limits. There may be other places to go for additional insurance, and this can be looked into as well. Given the severity of your injury, I strongly advise that you contact a law firm specializing in personal injury to help you obtain all that you may be entitled to. This would include medical coverage, lost wages, pain and suffering, and compensation for permanency. Stay strong.
    Answer Applies to: Massachusetts
    Replied: 7/25/2011
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    You have suffered a horrible injury - and should contact an attorney for assistance. In general, as your attorney, we would first contact the police and obtain a report - so we could determine the identity of the driver who hit you. Hopefully, that person will have insurance. Just because the driver was drunk does NOT invalidate any insurance he might have. Did you have underinsured motorist coverage on your motorcycle? That would be another avenue for compensation. The only other way to get compensation from the driver is if he has sufficient assets. Because the driver was drunk, you may also be entitled to compensation under a victim's compensation program. You should talk to the drunk driver's prosecutor about that. Obviously, if you have medical insurance, they should take care of the medical bills. And before you are discharged from the hospital, make sure you speak with a hospital social worker. They should be able to assist you with obtaining whatever benefits you may be entitled to.
    Answer Applies to: Washington
    Replied: 7/25/2011
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    An attorney with experience in personal injury cases can help by getting the police report, finding out about the other driver's insurance, finding any insurance coverage that you may have, dealing with the insurance companies, and assisting you with many other issues that will arise in your case. I recommend contacting an attorney as soon as possible.
    Answer Applies to: North Carolina
    Replied: 7/25/2011
    Ron Graham Attorney at Law
    Ron Graham Attorney at Law | Ron Graham
    It sounds like you have a good case. If you can get me more information I can assist with your claim like what city did it happen in? I can obtain those records once I have more information. Very sorry to hear about your injuries.
    Answer Applies to: Ohio
    Replied: 7/25/2011
    Kline Law Offices P.C.
    Kline Law Offices P.C. | Robert C. Kline Jr.
    Your situation is far too complex to address by email. You should contact any experienced personal injury attorney right away.
    Answer Applies to: Oregon
    Replied: 7/25/2011
    Harris Law Firm
    Harris Law Firm | Paul Vames
    Preliminarily, please let me express my sympathy for your situation. You will need likely need legal assistance. Assuming another party is responsible for this situation, you will need to determine what assets and insurance coverage are available to compensate you for your injuries, medical expenses, loss of earnings, and rehabilitation. My recommendation is that you contact a law office skilled in handling catastrophic injury cases.
    Answer Applies to: Oregon
    Replied: 7/25/2011
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    I am extremely saddened to read about this horrific loss. As soon as possible you should hire an injury attorney to help you in what could become a nasty case. You may have some coverage under your own motorcycle insurance policy that could pay for some bills. The person that hit you may have some auto policy as well. The reason you really need legal assistance is you may have other claims you are not aware of at this point. This can include a claim against any bar or tavern that may have served a visibly intoxicated person like the one that hit you.
    Answer Applies to: Oregon
    Replied: 7/25/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    You are entitled to sue the drunk driver and any bar or restaurant which served him alcohol to excess. To the extent that you have medical insurance coverage under the car you were operating your medical bills should be covered under your no fault coverage. Additionally, your car insurance coverage is required to provide coverage for an underinsured or uninsured driver injuring you. I would hope that your underinsured/uninsured coverage under your car's policy is quite substantial. The amount of such coverage is shown on the car insurance policy declarattion page issued to you for the current year of coverage at the time of the your accident. You must file a claim with your car insurance for medical coverage, providing them with a copy of the accident report. You need to obtain the services of an attorney.
    Answer Applies to: New Jersey
    Replied: 7/25/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    You can sue him. Motorcycle policies generally do not have no-fault insurance coverage. does you policy have it? If not, how are you paying your bills? The police department only keeps the accident report for 30 days and then it goes to DMV and can take a long time to get. I suggest you send a friend or family member to the precinct to see if you can still get it. The report will indicate if the DWI driver has insurance.
    Answer Applies to: New York
    Replied: 7/25/2011
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    Have you contacted a lawyer to discuss this matter. Since you were on a motorcycle you are not covered by no fault insurance as would be the case if you were in a car.
    Answer Applies to: New York
    Replied: 7/25/2011
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    First of all. I'm so sorry for what you have gone through. To answer your question, you can get a copy of the police report which will tell you who the driver was and who his insurance carrier is. You need to seek a personal injury attorney immediately. Sometimes driving while intoxicated can allow a person to claim punitive damages to discourage this conduct. This is in addition to compensatory damages for your pain and suffering. In short, from the sound of things you have a very good case and need representation. If you cannot find anyone in your area, contact me and I will find someone for you. Good luck.
    Answer Applies to: New York
    Replied: 7/25/2011
    Premier Law Group
    Premier Law Group | Jason Epstein
    You really need to speak to a personal injury attorney right away. There are several different layers of potential insurance coverage that may be available to you. The only way to sort it all out will be to have a lawyer dive into the case and start working on it for you. In my opinion, the severity of your injury makes it even more important for you to get help from an experienced and knowledgeable attorney as soon as you can.
    Answer Applies to: Washington
    Replied: 7/25/2011
    Ackley Law Group, PLLC
    Ackley Law Group, PLLC | Andrew N. Ackley
    There's no short way to answer this question other than that you should hire a lawyer promptly so you can focus on your health. Your lawyer should immediately contact your insurance companies to determine what coverage and treatment is available to you, contact the defendant or his attorney to determine his insurance status, request the police report or file a report if necessary, and preserve all evidence available. If the drunk driver is being prosecuted criminally, you may be entitled to crime victim's compensation, but this would probably not cover all of your injuries and treatments. Most lawyers take a case like this on a contingency fee basis, meaning they get paid only by a successful resolution of the case. That way you don't have to pay an hourly-billed invoice every month.
    Answer Applies to: Washington
    Replied: 7/25/2011
    Holzer Edwards
    Holzer Edwards | Kurt Holzer
    Very sorry to hear of your serious injury. You need to hire a lawyer to help investigate your claim. It is unlikely, though possible, that the driver will have sufficient insurance to come close to compensating you. You need to investigate if there is a dram shop or negligent entrustment of the vehicle claim against someone other than the driver like a bar (dram shop) or employer. There is also the possibility that your own insurance if you purchased the right kind might provide you some compensation. Do not delay. There is only a 180 day window in which to investigate a dram shop claim.
    Answer Applies to: Idaho
    Replied: 7/25/2011
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a case, based upon the information that you have supplied.
    Answer Applies to: Illinois
    Replied: 7/25/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You certainly have a claim. You should consult with an attorney as soon as possible so the attorney can start working on the case for you.
    Answer Applies to: Connecticut
    Replied: 7/25/2011
    Law Offices of Steven R. Kuhn & Associates
    Law Offices of Steven R. Kuhn & Associates | Steven R. Kuhn
    Retain an experienced personal injury attorney right away. They can get the police report and find out about insurance on the person who hit you.
    Answer Applies to: California
    Replied: 7/25/2011
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