Law

Can You Get Compensation If A Drunk Driver Hits You?

Insurance claim or compensation plays a crucial role in the car accident victim’s life. Many victims are not capable of financing their expenses after a car accident. The accident scenario could be overwhelming for many victims. In such cases, any victim might look forward to compensation or claim. 

However, you might question your eligibility for compensation after being hit by a drunk driver. You should know that you are entitled to compensation after being hit by a drunk driver. You can click here to learn more about legal representation after encountering a drunk car accident. In this blog, we have covered some valuable tips about how you can prove fault and claim compensation after the accident. 

  • Allegations 

The insurance company and the defendant might try to imply that you share equal or somewhat fault in the accident. It would be best if you did not accept any allegation of shared fault from the insurance company or the defendant. You should also know that most states follow the comparative negligence rule.

The rule will allow you to obtain compensation from the defendant driver’s insurance company even when you share a percentage of fault in the accident. The insurance company may use every method and resource possible to diminish the size of your claim. You must not accept anything unless your lawyer agrees. 

  • Police accident report 

The police accident report plays a vital role in proving the occurrence of the accident. When a drunk driver encounters injuries that have hit you, you must seek medical help at the earliest opportunity. Once done, you should file a police report as soon as possible. 

The insurance company may question your credibility about the accident. If you file a police report after a few days, a couple of weeks, or take more time to file than required, the insurance company will question your injuries and lower your claim amount. They may use your negligence against you. 

  • Evidence 

You might be aware of the importance of evidence. You must collect photographic evidence from the accident scene by clicking pictures from your smartphone. Apart from the evidence you can provide, you should also contact your lawyer and ask them to obtain proof from the at-fault driver. 

The lawyer can help you obtain toxicology or alcohol test reports, driver’s record, where the at-fault driver got drunk, witness statements from the accident scene, etc. Such evidence can help you prove that the driver at fault was intoxicated or drunk while driving. It will help you in successfully claiming the amount. 

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