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Can I force the drunk driver who hit me to pay my claim?

It's the holiday season once again — a time when the alcohol often flows too freely at parties and office gatherings. This time of year typically brings an uptick in the number of drunk driving accidents and arrests for that reason.

What are your options if you wind up injured in a crash with a drunken driver? Kentucky drivers are mandated to carry a minimum of 25/50/25 insurance, which breaks down to "$25,000 bodily injury per person, $50,000 bodily injury per accident [and] $25,000 property damage per accident."

Of course, that does not mean that all drivers will abide by these regulations. After all, if they are driving while drunk, it's likely that they will flout other rules as well.

You can best protect yourself from uninsured and underinsured drunk drivers by carrying your own uninsured/underinsured motorist insurance coverage. Failing that, you may need to sue the offender in court. However, if they are without significant resources or assets, that may be an exercise in frustration.

Fortunately, most drivers will follow the law and at least carry the minimum coverage that is required. In these circumstances, receiving compensation for the injuries you suffered due to a drunk driver's negligence should be fairly straightforward.

However, you may still you run up against resistance from the drunk driver's insurance company to pay you the true value of your claim. Insurance companies are for-profit entities that answer to shareholders and not claimants. As such, their goal is to pay the fewest claims with the lowest amounts.

That's in direct opposition to your own goal of receiving the full value of your claim in order to make yourself whole again and cover all medical costs and related expenses.

When these two goals are so far apart, how can resolution be reached? It is often helpful to retain a Louisville car accident attorney who realizes the true value of your claim for damages and who knows how to hold the insurer's hypothetical feet to the fire until they pay up.

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Ewing & Willis
6009 Brownsboro Park Blvd. Suite B
Louisville, KY 40207

Phone: 502-694-7420
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