Drunk driving auto accidents are known to cause catastrophic injuries for the victims, and drunk drivers face criminal charges. There are several issues that arise in the cases, and victims could get compensated through a civil lawsuit or through restitution awarded in the criminal court. When a drunk driver is facing the repercussions of these actions, the person must try to file an insurance claim and find out if there are any limitations that may still lead to a lawsuit.
Coverage Restrictions for Crimes
After an accident where the policyholder was intoxicated, the auto owner reviews the terms and conditions of their insurance policy. While most auto insurance carriers cover an accident even if the policyholder was drunk, some insurance organizations and state laws restrict coverage if the policyholder commits a crime such as DUI.
In Georgia, insurance carriers cannot restrict coverage unless the policyholder has a previous DUI conviction within the last ten years, and some carriers could deem the driver uninsurable. Drivers who are facing the repercussions of a DUI-related accident they caused find more answers by visiting atlantaadvocate.com now.
How Old Was the At-Fault Driver?
The age of the drunk driver defines how the person is charged in the criminal court and how the insurance claim is managed. If the driver is under the age of 21, the state charges the person with DUI and could apply charges for underage consumption of alcohol. If the drunk driver is under the age of 18, a parent or guardian manages the insurance claim.
Are Businesses or Other Parties at Fault, Too?
If a parent or guardian owns the vehicle, the auto owner is a defendant in a lawsuit, too. The auto owner chose to allow the other party to operate the vehicle. The driver must be listed as an operator on the policy to get coverage for the accident. Since the accident involved a drunk driver, the owner faces liabilities just as if they were driving the vehicle themselves.
How Do Comparative Fault Rulings Work?
Comparative fault rulings are a tactic used by defense attorneys to discredit a victim’s claim, and the rulings identify and shift the blame to the victim. Just because the driver was drunk doesn’t mean the party is solely to blame for the entire accident.
If the victim committed any moving violation, this means the victim is partially to blame for the accident, and the judge applies a percentage for each violation. If the victim is more than 50% at fault, the court dismisses the case and doesn’t award any damages.
SR-22 Certificates for Auto Insurance
After any driver is convicted of a DUI, the auto owner is required by law to purchase SR-22 certificates to verify that the person has adequate auto insurance according to the laws.
A major issue that many drunk drivers face is the inability to get insured. Many insurance companies deny coverage to auto owners who have a previous history of auto accidents where the policyholder was drunk or under the influence of drugs and caused the accident.
Car insurance carriers present auto policies with terms and conditions that include some clauses that restrict coverage under some circumstances. In most cases, the coverage applies up to the limit presented by the policy. If the driver doesn’t have insurance, the victim must start a legal claim to collect compensation. By reviewing all possible outcomes, victims of drunk driving accidents determine if the case is viable in court.
- About the Author
Alex Grigoryan is a Professional Home Improvement and Lifestyle Writer. He has been in the industry for over 6 years and has been writing for Chique Home Living since 2019. His work has been featured in prestigious blogs such as Spruce Home, Better Homes & Garden, and more.