Being injured in an accident is a terrifying experience, especially if the other driver was under the influence of drugs or alcohol. In Orlando, cases involving impaired drivers are unfortunately all too common. As a personal injury attorney, I understand how overwhelming this situation can feel, but it is crucial to know your rights and the processes involved in filing a claim against an impaired driver. In this blog post, we’ll explore how these types of claims are handled and what you can expect as you navigate the insurance process.
Understanding Impaired Driving in Florida
Florida law defines impaired driving as operating a vehicle under the influence of alcohol or any controlled substance. When you are involved in an accident caused by an impaired driver, this additional layer of liability can complicate your claim. The presence of alcohol or drugs can significantly impact how insurers handle claims. According to the Florida Department of Highway Safety and Motor Vehicles, in 2020 alone, there were over 5,000 crashes involving alcohol impairment, leading to numerous injuries and fatalities.
How Insurance Companies Handle Claims Involving Impaired Drivers in Orlando
Insurance companies are in the business of minimizing their payouts. When dealing with impaired drivers, they employ specific strategies to protect their interests. Understanding these strategies can help you navigate your claim effectively.
Initial Investigation
After an accident, the insurance company will initiate an investigation. Here’s what you can expect:
- Gathering Evidence: Insurers will collect evidence from police reports, witness statements, and medical records. If there was sobriety testing conducted, this information will also be relevant.
- Determining Liability: They will assess who was at fault. If the impaired driver is found at fault, the process can move faster.
- Reviewing Coverage: Insurance will look into the specific policy limits of the impaired driver and any potential coverage from your policy, such as underinsured motorist coverage.
Challenges You May Face
While it may seem straightforward, there are several challenges to navigating your claim against an impaired driver:
- Denial of Responsibility: Impaired drivers may deny being at fault, especially if they were not apprehended by police or were not charged with DUI.
- Negative Perceptions: Insurance companies may use your past history, such as traffic violations or claims, to argue that you share some responsibility for the accident.
- Policy Limitations: The impaired driver’s policy may have low coverage limits, which won’t cover all your damages.
What to Expect When Filing a Claim
Filing a claim against an impaired driver’s insurance can be a complex process. Here’s a step-by-step breakdown:
1. Report the Accident
Immediately following the accident, call 911 to report the incident and ensure that a police report is generated. This report will play a significant role in your claim.
2. Seek Medical Attention
Your health is the priority. Get checked for injuries, even if they seem minor. Medical records will be vital in establishing the extent of your injuries and their costs.
3. Document Everything
Keep detailed notes and records regarding the accident, including:
- Photos of the scene
- Witness information
- Medical bills
- Any communications with the insurance company
4. Contact a Personal Injury Attorney
Having a dedicated attorney can make a considerable difference. As a skilled Orlando drunk driving accident attorney, I will:
- Help you understand your rights
- Negotiate directly with the insurance company
- Advocate on your behalf to maximize your compensation
5. File the Claim
Your attorney will guide you through the claims process, making sure all documentation is submitted correctly and promptly. This process involves:
- Submitting the necessary paperwork to the impaired driver’s insurance company
- Responding to any inquiries or additional requests for information
- Engaging in negotiations for a fair settlement
What Compensation Can You Expect?
Depending on the specifics of your case, you may be entitled to various forms of compensation, including:
- Medical Expenses: This includes both current and future medical bills related to your injuries.
- Lost Wages: Compensation for any time you have missed from work due to your injuries.
- Pain and Suffering: This covers the physical pain and emotional distress you endured as a result of the accident.
- Property Damage: Reimbursement for repairs to your vehicle or replacement if necessary.
Navigating a claim against an impaired driver can be a challenging and stressful experience. Understanding how insurance companies handle these cases and what steps to take can significantly affect the outcome of your claim. Remember, you don’t have to face the insurance company alone. Contact my office, and I will provide the guidance and support you need throughout this process. I will protect your rights and get you the compensation you deserve!