Does car insurance cover drunk driving accidents? Car insurance may cover drunk-driving accident-related losses, depending on the circumstances of the case and the type of insurance policy. Many times, drunk driving accident cases are personal injury claims, meaning the victim seeks compensation from the at-fault party’s liability insurance policy.
The victim can also seek additional damages against the driver’s assets if the driver does not have enough coverage to cover all losses.
Whether car insurance covers drunk driving accidents also depends on who caused the crash and who is filing the claim. Victims must consider numerous factors before making any decisions about filing a claim or seeking damages through other means. Be sure to speak with a Las Vegas drunk driving accident lawyer from H&P Law about your case.
Personal Injury Protection Coverage
In Nevada, personal injury protection (PIP) is an optional type of coverage you can choose to add to your policy if you want to protect yourself further. Most people do not carry this form of insurance. The state does not enforce PIP requirements.
That is because Nevada is a fault state, requiring the at-fault party to pay for the losses incurred. Most drivers do not have PIP coverage.
However, if you purchased this coverage for added protection before the accident, it may be helpful. It can provide coverage to you for medical bills, lost wages, and funeral costs. You can then file a claim with your insurance company for your losses. Speak with a Las Vegas car accident lawyer from the H&P Law team today.
Liability Coverage for Victims Applies
Liability insurance covers losses the policyholder causes to another person. The driver’s liability coverage may compensate an injured person for covered losses when the driver is legally responsible, subject to the policy limits and terms. If the drunk driver has liability insurance, which is required under the state’s laws (Nevada Liability Insurance Requirements), this policy will provide coverage for most expenses, including:
- Medical bills and related expenses
- Lost wages suffered from missed time at work
- Property damage to the vehicle and other assets
- Pain and suffering losses
- Emotional trauma and mental disorder challenges
However, liability insurance only goes so far: the state’s minimum required coverage is $25,000 for bodily injury or death to one person, $50,000 for total bodily injury or death to all parties, and $20,000 for property damage. If your injuries and other losses exceed this value, the policy will not cover all of them. It applies only to the highest level purchased by the driver prior to the accident. Call H&P Law today to speak with a Las Vegas personal injury lawyer.
MedPay Insurance Coverage for Drunk Driving Accidents
Some people in Nevada carry MedPay (Medical Payments) coverage. This is a type of policy you purchase yourself, and it covers your losses regardless of who is at fault for the accident. It covers all of your medical care costs up to the value of coverage purchased. This is an optional type of coverage, meaning many people do not have it in place. If you have MedPay, it may cover losses such as:
- Emergency medical care costs
- Hospitalization
- Tests and lab work
- Ambulance rides
- Specialist treatment
- Ongoing outpatient care
- Future medical costs
While the state does not require drivers to have MedPay coverage, the state does require all liability insurance providers to offer it to you. They must offer at least $1,000 in coverage, though you do not have to accept it. You do not pay a deductible on these claims, and they pay out quickly, providing you with direct access to the medical care you need. Keep in mind it only covers medically necessary care, not pain and suffering, lost wages, or property repairs. Call H&P Law today.
Uninsured and Underinsured Motorist Coverage
There are some situations where the drunk driver lacks insurance or does not have enough insurance to meet your losses. In these cases, victims can seek a claim under their own uninsured or underinsured policy, depending on which applies. This type of insurance is not a legal requirement in Nevada, though many people purchase it to cover their own losses.
Uninsured motorist coverage applies protection for your losses (as the policyholder) when the drunk driver does not have any insurance coverage. It pays up to the amount of coverage you purchase and the losses you have. Underinsured motorist coverage helps cover your losses if the drunk driver does not have enough insurance protection. It helps cover the additional losses you have in these cases.
Like MedPay, insurance companies must offer uninsured and underinsured motorist coverage to those purchasing general liability insurance through them. It is not a legal requirement for you to purchase this coverage, in most cases. However, if you do have it, seeking out a claim for the losses not paid for by the at-fault party can help minimize your losses. Speak to the team at H&P Law today.
Filing a Lawsuit
The drunk driver caused your accident, leading to financial losses, physical injury, and emotional trauma. They owe you for those losses. Insurance coverage is the first step in most situations, but many victims find themselves without sufficient coverage to cover all their losses. In those situations, it is necessary to file a lawsuit against the at-fault party or third parties to further recover your damages. This may include:
- Seeking a lawsuit against the drunk driver to recover assets they own to protect your financial well-being
- Filing a lawsuit against the employer of the drunk driver if they knew or should have known about the risks the driver created and the accident happened in a commercial vehicle
- Seeking compensation against a social host who allowed a person under the age of 21 to drink at their home, resulting in an accident caused by that person
Your drunk driving accident lawyer will rightfully pursue fair compensation from all responsible parties. Lawsuits can be necessary in many drunk driving accidents, especially if the driver lacks any type of car insurance. Call H&P Law today.
H&P Law Can Help Handle Insurance Claims After a Drunk Driving Accident
Victims of drunk driving accidents should always consult a personal injury attorney before agreeing to any settlement with the insurance company. Your attorney will make sure the insurance company treats you fairly under the terms of the policy.
Your drunk driving accident lawyer at H&P Law can also minimize risks associated with further financial loss from failing to seek all levels of compensation.
