What Should I Do If I've Been Hit by a Drunk Driver?
Most people don’t think about what they should do in the event of a car accident until they’re in one. While all car crashes can be scary and confusing, those caused by drunk drivers often result in serious injuries. Whether you approached the other vehicle to check on the driver and smelled alcohol or the police officer on the scene determined they were drunk, you may be wondering what you should do in these circumstances.
While it’s certainly possible for you to file a lawsuit against the drunk driver who caused the crash, there are a few conditions that need to be met first.
What to Know About New York’s No-Fault Laws
In New York, the state follows a no-fault model for insurance. This means that each driver needs to file their claims for compensation with their own auto insurer. You don’t need to prove the other party was at fault or negligent to receive compensation.
Your own insurance company will cover the costs of your medical expenses, lost wages, and other out-of-pocket expenses related to the accident. While it may be sufficient in a minor collision, if a drunk driver has totaled your vehicle and caused you serious injuries, you can sue.
Major disfigurement, paralysis, restriction of a body part or system, and broken bones are just a few of the types of injuries that New York considers serious. If you have these injuries, then you can bring your lawsuit. However, you will need to prove that the other driver was negligent and that their actions or inactions caused the accident and your injuries.
Steps to Take After Being Hit by an Intoxicated Driver in New York
Like any other type of car accident, the first thing you should do is get medical treatment for your injuries. Calling 911 is the fastest way to get emergency medical services on the scene. They will also send the police, who will file a police report that serves as critical evidence for your claim.
You may be running on adrenaline after the crash, but you must get the medical care you need. If you have a serious injury, it will be documented through medical records that you can use to support your lawsuit against the drunk driver.
You’ll need to get the contact information from the other driver, but if they are completely intoxicated, they may be unpredictable in their actions. You can ask the police officer for this information while taking photos of the vehicle and license plate. If the driver is indeed under the influence, the police will make note of this in the report and likely haul them to jail.
Even though the accident was not your fault, you still need to report it to your own insurer. With the no-fault laws in the state, you must alert them within 30 days. Ideally, you will do this as soon as possible, since you never know if the other driver will try to file a claim against you.
One of the most important steps after being hit by a drunk driver is to contact a car accident lawyer. You will need help getting evidence to create a strong case that allows you to file a lawsuit. You will also want someone with the experience to stand up for your legal rights and fight for what is fair.