How the insurance company handles claims involving drunk driving

On Behalf of | Oct 9, 2024 | Motor Vehicle Accidents |

If you sustain an injury in a car accident, filing an insurance claim is always the first step toward getting compensation. When the person who caused your accident was a drunk driver, though, the process can change in some key ways. 

In Virginia, the insurance process for accidents involving intoxicated drivers follows specific rules. Understanding these nuances can help you recover the full extent of your damages.

Virginia is an at-fault state

Virginia operates under an at-fault insurance system, meaning the driver responsible for the accident must compensate the harmed individuals. If a drunk driver caused the accident, you can file a claim with the at-fault driver’s insurance company. You may seek compensation for medical bills, lost wages and property damage. The insurance company representing the drunk driver will investigate the accident and may cover these costs, depending on the policy’s limits.

The role of punitive damages

If the at-fault driver acted with extreme recklessness, such as driving under the influence, you can pursue punitive damages in addition to compensatory damages. Punitive damages punish the wrongdoer and deter similar behavior in the future. Virginia allows affected individuals to claim up to $350,000 in punitive damages if the drunk driver’s blood alcohol concentration exceeded 0.15%. The insurance company typically does not cover punitive damages, and the at-fault driver may be personally responsible for paying this amount.

Filing a claim against an uninsured drunk driver

If the drunk driver lacks insurance, you can file a claim through your own uninsured motorist coverage. In Virginia, drivers must carry uninsured motorist coverage as part of their auto insurance policies. This coverage helps cover damages if the at-fault driver is uninsured or underinsured.

Drunk drivers have the potential to cause even greater damage compared to those with full use of their faculties. That is why it is so important to know all of your options for securing compensation for the damages you incur in a drunk driving accident.