What should I do if I was injured by a drunk driver? 54 Answers as of July 03, 2013

I was hit by a drunk driver. The car I was driving belonged to my boyfriend who I living with. At the time of the accident I was not on his insurance. Am I still covered to make a claim against the other driver? What should I do?

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Alfred Law Firm
Alfred Law Firm | Janice Alfred
You need not be on the owner's insurance to be able to file a claim against the other driver. Hopefully, you did seek medical attention right after the accident and continue to receive treatment if you are not 100% better. Consult with an attorney to assist you in pursuing your claim.
Answer Applies to: Georgia
Replied: 11/7/2011
The S.E. Farris Law Firm
The S.E. Farris Law Firm | Spencer E. Farris
You are covered on his insurance unless specifically excluded. You also would be covered under the policy for any vehicle you owned in most instances. Whether you have coverage or not does not keep you from pursuing the drunk driver for your injuries, however. You should speak to an attorney immediately.
Answer Applies to: Missouri
Replied: 10/31/2011
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
Drunk driving cases are something I'm specializing in handling so your question is one I enjoy answering. You are covered on the claim and also may be covered by the bar where the drunken driver drank just before the accident. Your claim requires a lawyer's assistance.
Answer Applies to: Iowa
Replied: 10/31/2011
Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
If you have your own car, you make a claim under PIP on your own car's insurance. If you do not own your car, then you can make a claim under your boyfriend's car's insurance (occupant of the vehicle). You can still make a claim against the other driver for your out-of-pocket medicals and lost wages (after PIP has paid) and for your personal injuries if you were permanently scarred in the accident or have suffered a permanent injury.
Answer Applies to: Florida
Replied: 10/27/2011
Wilson & Hajek,LLC, a personal injury law firm
Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
In your personal injury case, the drunk driver is responsible for your injuries. If the drunk driver has insurance, you can recover from the insurance to the extent of the coverage, depending on the severity of your injuries. If the driver has no insurance, the insurance covering the car which you were driving will cover you if it has uninsured motorist coverage. You are also covered under any policy of auto insurance which you have or which is in effect for your household. For instance, if you live with your parents and they have auto insurance, you are covered by that policy if you are injured in a car accident even though you may not be in a covered vehicle.
Answer Applies to: Virginia
Replied: 10/27/2011
    The Law Firm of Reed & Mansfield
    The Law Firm of Reed & Mansfield | Jonathan C. Reed
    If you were hurt you can make a claim against the drunk driver's insurance and/or against the insurance on your boyfriend's car if he had uninsured/underinsured motorist coverage and/or against your own insurance if you had uninsured/underinsured motorist coverage.
    Answer Applies to: Nevada
    Replied: 10/27/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    If the other driver was at fault then you have a claim against his insurance company.
    Answer Applies to: Virginia
    Replied: 10/27/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    As far as medical bills and loss of income is concerned, you are covered by the BF's No-Fault coverage, because you were driving the car with his permission. But, the time limit for making an application is very short. As to the other driver, you are making a claim against him, so your BF's insurance has nothing to do with that.
    Answer Applies to: New York
    Replied: 10/27/2011
    Dearbonn Law Offices
    Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
    Yes. Get the owner of the car to make a claim against the driver. He is at fault even though drunk.
    Answer Applies to: Washington
    Replied: 10/27/2011
    Wooten, Kimbrough & Normand, P.A.
    Wooten, Kimbrough & Normand, P.A. | Council Wooten
    Yes, but you may also be covered under your boy friend's coverage.
    Answer Applies to: Florida
    Replied: 10/27/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. You're covered. In order to sue for being injured in an car accident you have to sustain a "serious injury" which includes death, dismemberment, a broken bone, loss of a fetus, significant disfigurement and certain other specific kinds of lesser injuries including being disabled for at least ninety of the first one hundred and eighty days following the accident. If you meet these tests then you can sue. No Fault from the car you were in will cover your medical bills and lost wages.
    Answer Applies to: New York
    Replied: 10/27/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    You do not need insurance to make a claim for injuries. You can sue the drunk driver for your damages and your boyfriend can sue the drunk driver for damages to his car.
    Answer Applies to: California
    Replied: 10/27/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    If you were driving with permission, you should be covered by your boyfriend's insurance or by your own policy if you had auto insurance on a different vehicle. Make sure you notify each insurance company right away, and let them sort it out. You can make a claim against the other driver regardless of your insurance situation.
    Answer Applies to: Florida
    Replied: 2/17/2012
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    The fact that you were not listed on your boyfriend's insurance has no bearing on your claim against the drunk driver and his or her insurance company. You should talk to an attorney who handles car wreck cases and has experience with claims against drunk drivers.
    Answer Applies to: North Carolina
    Replied: 10/26/2011
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    Yes, you are still covered to make a claim.
    Answer Applies to: Louisiana
    Replied: 6/3/2013
    Law Office of Dean B. Gordon
    Law Office of Dean B. Gordon | Dean B. Gordon
    Assuming that the accident was the drunk driver's fault, you could make a claim against him or his insurer if you were driving your BF's car with his permission. If the drunk driver has no insurance you may be able to make an Uninsured Motorist claim to your BF's insurance.
    Answer Applies to: California
    Replied: 10/26/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    Absolutely! It is not your boyfriend's insurance that matters, but the other driver's. You should contact an attorney as soon as possible so that we can gather information quickly and get in touch with the prosecutor. You should also remain in touch with the prosecutor via their victim advocates. The more serious your injuries the more important it is to contact an attorney to make sure you do not fall into any insurance company "traps."
    Answer Applies to: Missouri
    Replied: 10/26/2011
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    If the drunk driver is at fault he may actually be liable to pay double or triple the value of your damages under Connecticut law. His will be responsible for your medical bills, lost pay and pain and suffering. It does not matter whose car you were in if he was at fault unless he has inadequate insurance which will lead to other ways for you to be compensated.
    Answer Applies to: Connecticut
    Replied: 10/26/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    You do have a claim against the drunk driver.
    Answer Applies to: Alabama
    Replied: 7/3/2013
    McKell Christiansen
    McKell Christiansen | Michael McKell
    Yes you can and should bring a claim against the drunk driver. Drinking and driving violates clear safety standards set forth our society and laws. When a needless safety violation occurs, it is important to pursue legal action as a deterrent to other who drink and drive. As a society we need all need to stand up against drunk drivers by bringing legal action. Additionally, if you are covered as an operator of your own car, your own coverage would apply. If you were injured, you may have medical coverage known as Personal Injury Protection (PIP). The state minimum requirement is that each driver carry $3,000.00 of PIP coverage. PIP benefits are NO FAULT benefits which mean that your insurance company will pay up to $3,000.00 of medical benefits regardless of your fault or the fault of the other driver. You should contact your own insurance carrier if you are insured on your own policy as well as contact your boyfriends insurance carrier to determine if coverage may exist.
    Answer Applies to: Utah
    Replied: 10/26/2011
    The Kelly Law Firm, P.C.
    The Kelly Law Firm, P.C. | L. Todd Kelly
    You can still make the claim, as the injured party
    Answer Applies to: Texas
    Replied: 10/26/2011
    AyerHoffman, LLP
    AyerHoffman, LLP | David C. Ayer
    You do not need to be on your boyfriend's insurance to make a claim against the at fault driver. It only comes into play if you are at fault. You should consult with a personal injury attorney who handles motor vehicle injuries. You will need your accident report with the drunk driver’s information.
    Answer Applies to: Massachusetts
    Replied: 10/26/2011
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    If you are the driver of a motor vehicle you are covered by the owners policy for no fault, i.e medical expenses and for personal injury if you are hurt, under the uninsured clause of his policy.
    Answer Applies to: New York
    Replied: 10/26/2011
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    Yes you can make a claim against the striking driver. Set up your No Fault file, get medical treatment and go see a personal injury attorney.
    Answer Applies to: New York
    Replied: 10/26/2011
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    You should retain an attorney. Somebody who drives while intoxicated is almost always at fault for a collision.
    Answer Applies to: Washington
    Replied: 10/26/2011
    Buff & Chronister, LLC.
    Buff & Chronister, LLC. | Curtis L. Chronister Jr.
    If you have been injured in an automobile accident, the first thing to do is insure you have been seen or are being seen by a doctor to fully access your injuries. Whether you seek the assistance of an attorney or not, your claim will go nowhere without some form of medical documentation of your injuries. Next, seek out a personal injury attorney to help advice you of your rights and responsibilities in pursuing your claim against the at-fault party. Personal Injury attorneys work on contingency fees, so it costs you nothing to seek their advice. Depending on the severity of your injuries, you may find that an attorney can alleviate a great deal of anxiety associated with handling a personal injury claim.
    Answer Applies to: Georgia
    Replied: 10/26/2011
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    You should make a claim against the other driver's automobile liability insurance company. Also, as the permissive user of your boyfriend's car you are also an insured under the policy of automobile insurance insuring your boyfriend's car. If that policy has uninsured motorist coverage then that insurance could provide additional coverage for your injuries, too, depending on the specific circumstances. You need a lawyer who is an expert at personal injury and automobile insurance ASAP.
    Answer Applies to: Georgia
    Replied: 10/26/2011
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Richard Martin
    The fact that you were not on the insurance policy for the auto you were driving does not prevent you from making a claim against the drunk driver. For example, his insurance should be liable even if the drunk driver hit a pedestrian. I advise you to seek competent personal injury counsel immediately to evaluate your case and handle the claims process in order to maximize your recovery.
    Answer Applies to: Kansas
    Replied: 10/26/2011
    Wooten, Kimbrough & Normand, P.A.
    Wooten, Kimbrough & Normand, P.A. | Orman Kimbrough, Esq.
    The fact that you were not on your boyfriend's insurance should not make a difference regarding the responsibility of the other driver and your rights against that person. Depending on the terms of your boyfriend's policy you may be cover by it. You should speak to a personal injury attorney as soon as you can so your particular problems can be addressed and your rights protected.
    Answer Applies to: Florida
    Replied: 10/26/2011
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    Yes, your claim would be against the other driver (the drunk driver) who caused the accident, and the drunk driver's liability insurance would cover any claim for personal injuries. Even though you were not a named insured on your boyfriend's car, you were still covered while operating his car as what is called a "permissive user". This covers folks who borrow cars from other people. Accordingly, if the drunk driver does not have sufficient insurance to cover your injuries, damages and losses (I'm assuming you were injured, by the way) then if your boyfriend's insurance had "underinsured motorist" coverage, you could also make a claim for the additional against his coverage since you were covered as a permissive user.
    Answer Applies to: Colorado
    Replied: 10/26/2011
    Chalat Hatten Koupal & Banker PC
    Chalat Hatten Koupal & Banker PC | Linda Chalat
    You will have a claim against the driver of the vehicle and perhaps the owner of the vehicle depending upon the age of the drunk driver and his relationship to the owner. Your best interests would be served by contacting an experienced car accident attorney. The insurance company providing coverage for the at-fault driver's vehicle will probably contact you for a statement - do not speak to the insurance representative until you have spoken with a personal injury attorney. In many cases, a quick settlement is offered by the offending driver's insurance for significantly less than your claim is worth, even after paying attorney's fees you will most likely be much better off with an attorney. And most personal injury attorneys will provide you a free initial consultation and will handle the case on a contingency fee basis, you only pay attorney's fees if the lawyer successfully collects on your behalf. When choosing a law firm, look for one that provides personal attention to your case by an attorney - not a large "stack them deep, and settle them cheap" firm where a paralegal will do the work. And keep in mind that you have three years in Colorado in which to file a claim arising from a motor vehicle accident.
    Answer Applies to: Colorado
    Replied: 10/26/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    First, make a claim against the drunk's insurance, if any. As a permissive user of your BF's car, you should be covered. You may be excluded as a member of the same household. Make the claim and get a denial in writing.
    Answer Applies to: Montana
    Replied: 10/26/2011
    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
    Yes, most likely. If you were injured, contact an accident injury lawyer in your city.
    Answer Applies to: Nebraska
    Replied: 6/3/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Yes, you are covered. The other driver's insurance will cover your damages. If the other driver has no insurance, the uninsured motorist coverage on the car you were driving will cover you.
    Answer Applies to: South Carolina
    Replied: 10/26/2011
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    You may or may not have insurance on your boyfriend's policy - but regardless, it doesn't impact your ability to make a claim against the drunk driver. If you have been injured, you should contact a personal injury attorney.
    Answer Applies to: Washington
    Replied: 10/26/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    If you were driving the car with your boyfriends permission you are covered by his car insurance. However, it is the driver of the other car whose insurance should pay for your injuries if he was at fault for the accident. Your boyfriends insurance will only come into play if the driver who was at fault does not have enough insurance to cover your injuries. You really should speak directly to a personal injury / accident lawyer about this claim.
    Answer Applies to: Colorado
    Replied: 10/26/2011
    J Wayne Turley BC
    J Wayne Turley BC | Wayne Turley
    Yes, you can make a claim against the DUI driver and his insurance. Even though you were not a named insured in your boyfriend's policy, there may also be other insurance coverage, which may apply, for example, if you were covered under a policy you had or someone else had. Contact an attorney who can investigate all possible claims you can make. Arizona has attorneys who are certified specialists in injury and wrongful death litigation. You can look online for attorneys who have that experience. Do not delay since there are time limits, which apply to your claims.
    Answer Applies to: Arizona
    Replied: 10/26/2011
    Law Office of Sam Levine, LLC
    Law Office of Sam Levine, LLC | Sam L. Levine
    Yes you can make a claim for the injuries you suffered in the car accident. I am sorry you were injured. Please be sure to keep track of your medical & out of pocket expenses & try not to miss any doctor appointments. I would advise consulting with an attorney experienced in this area of law.
    Answer Applies to: Georgia
    Replied: 10/26/2011
    Link & Smith, P.C.
    Link & Smith, P.C. | Houston Smith
    You should speak with a lawyer. Victims of drunk drivers are allowed to recover both compensatory damages (medical bills, etc) and punitive damages (extra money) from the drunk driver's insurance company.
    Answer Applies to: Georgia
    Replied: 10/26/2011
    Holzer Edwards
    Holzer Edwards | Kurt Holzer
    Yes you can make a claim against a negligent drunk driver. You should call a local experienced injury attorney to assist you.
    Answer Applies to: Idaho
    Replied: 10/26/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You did not say much about your injuries but you will be covered by the carrier of the drunk driver. Get you a good PI lawyer and make sure to get proper medical care.
    Answer Applies to: North Carolina
    Replied: 10/26/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    First of all, you may be entitled to Personal Injury Protection through your boyfriend's insurance. Second, the primary liable party is the driver who hit you, so you should be able to recover from him. Third, if the drunk driver is un- or underinsured, you may also be able to get compensation through your boyfriend's insurance.
    Answer Applies to: Oregon
    Replied: 10/26/2011
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    If you were a permissive driver (you had your boyfriend’s permission to drive), you should be covered to have your bills paid by his insurance. You should be able to recover for any wage loss or pain and suffering as a result of this crash from the drunk drivers insurance company.
    Answer Applies to: Oregon
    Replied: 10/26/2011
    Law Office of Joseph Lamy
    Law Office of Joseph Lamy | Joseph Lamy
    You are certainly welcome to bring a claim against the drunk driver. His insurance company cannot deny the claim simply because he was drunk at the time of the accident. Therefore, if the drunk driver had auto insurance at the time of the accident, then you are entitled to make a claim against the insurance company for personal injury damages. It is irrelevant what car you were driving or whether you were on the policy or not. However, if the drunk driver does not in fact have auto insurance, then you may still be able to proceed through your boyfriend's auto insurance policy if he carries uninsured motorist. In that case, it may be relevant that you were not listed on the policy at the time of the accident.
    Answer Applies to: Rhode Island
    Replied: 10/26/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Your boyfriend should file a legitimate claim with his insurance company. If the claim is rejected, perhaps the two of you as plaintiff's can sue the drunk driver. Also, inquire to see if the drunk driver carried insurance, which would cover the accident? If so, the two of you may be able to file claims with his carrier.
    Answer Applies to: Indiana
    Replied: 10/26/2011
    Langer & Langer
    Langer & Langer | Jon Schmoll
    If your boyfriend has insurance and you are driving his car with his permission you generally have coverage under his policy but you need to look at the policy for each case. Even if you don't have insurance under your boyfriend's policy, the drunken driver is still responsible.
    Answer Applies to: Indiana
    Replied: 10/26/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes, unless you owned the car and it was uninsured, you should be ok.
    Answer Applies to: Michigan
    Replied: 10/26/2011
    Hutson & Brockway | Bennett A. Hutson
    First, get appropriate medical care and follow your doctor's recommendations. You should call to speak with an experienced injury attorney as soon as possible to discuss your potential claim. With firms experienced in these matters, you will not be charged to discuss the case, and will only be responsible to pay an attorney fee and costs out of the recovery.
    Answer Applies to: Florida
    Replied: 10/26/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Yes.
    Answer Applies to: Florida
    Replied: 6/3/2013
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