What Happens If A Drunk Driver Hits Your Car (Legal Rights And Insurance Coverage)

What Happens If A Drunk Driver Hits Your Car?

Drunk driving accidents are more devastating than those caused by human error. That’s because the intoxicated driver has a slowed response time and less control over their vehicle. So, if it happens, law enforcement officials investigate the scene for a potential prosecution. NSW Schedule 3 authorises breath analysis/evidentiary certificates for s 110 PCA offences, and sobriety assessments with powers to prevent driving if failed.

Therefore, it is important to know that the drunk driver can face severe legal consequences, including:

• Driving fines
• Licence suspension
• Community Correction Order with conditions (e.g., rehabilitation/treatment, abstention), and for certain offences a mandatory alcohol-interlock order.
• Jail time (if the driver has multiple offences on their record)

According to the Australian traffic laws, the punishment for a drunk driver can also vary depending on the alcohol concentration, repeated convictions (if any), and the accident intensity.

You can sue the at-fault driver to cover damages, including medical bills, vehicle repairs, and lost wages. But, there have been many cases of victims suffering from serious injuries, like broken bones, trauma, spinal cord injuries, and even PTSD. Additionally, vehicle damage can further add to your losses, causing a fortune in repairs.

Driving while under the influence of alcohol or another drug is a criminal offence and harm from a crash may aggravate sentencing and support compensation.

What Are My Rights If I’m Hit By A Drunk Driver?

Drink-driving is a criminal offence. In civil claims, negligence and causation must still be proved on the balance of probabilities. So, it makes it easier for victims to pursue prosecution and establish a clear case. Also, victims who are partly at fault, like not wearing a seatbelt, are also eligible for compensation, but your mistake can lead to a reduced payout.

Moreover, you have to fill out the Accident Notification Form. In it, you can describe how the accident occurred and how to settle this situation. Victims can claim up to $5,000 in compensation, which the intoxicated driver will pay through their Compulsory Third Party (CTP) insurance scheme, which is eligible all across Australia.

So, here’s what you need to know about filing a claim if you are hit by a drunk driver:

• File a civil lawsuit if you face any personal injury.
• The limited period for filing a lawsuit is within 3 years from the date of your accident.
• In most states, you may lose the right to file the lawsuit if you miss the deadline.
• You can hire legal professionals to negotiate with insurers, gather evidence, and present in court (if required).

Essential Steps To Take When A Drunk Driver Hits Your Car

Getting hit by a drunk driver can be extremely stressful. However, you must stay calm and take necessary steps for compensation, insurance, and evidence collection.

• Immediately stop your car, turn on the hazard lights, and check yourself and other passengers for injuries.
• If anyone’s hurt, call Triple Zero (000) to request police assistance and an ambulance.
• If the accident occurs on a busy highway, it’s better to move to a safe location if you can drive. Otherwise, wait for law enforcement officials to arrive on the scene.

Gathering evidence can also help you prove your case against law enforcers and your insurance company. Here’s how you can do it:

• Take pictures of the accident location, road conditions, and your injuries.
• Record the time and date of the crash.
• Gather photographic evidence of the at-fault driver’s number plate and witness statements.
• Collect the names and contact details of all parties involved in the accident.

You should report the crash within 24 hours if the police didn’t arrive at the accident scene. It will cover an unbiased and official record of the accident, which will come in handy in future legal proceedings and insurance claims.

Also, get your insurance company on board about the accident as soon as possible. Contact them and provide all the evidence you collected to build your case. So, the insurer can start coordinating vehicle repairs and claims against the at-fault driver’s insurance. Remember, late notifications can negatively impact your compensation.

Why Is It Important To Report An Accident With A Drunk Driver?

Reporting an accident with a drunk driver is more than a legal obligation; it protects your rights and ensures you get the right compensation.

You should report an accident to the police if the driver is under the influence of alcohol, the vehicle is towed away after the crash, a party involved is injured or killed, or the at-fault driver refuses to share their details with the victim. To report the accident, you can call 000, visit a police station, or use the Police Assistance Line to report the accident.

Reporting the accident creates an official record, which is essential for future legal actions and insurance claims. Also, timely reporting can further establish your case, making you eligible for maximum compensation. Additionally, most insurance companies will require a police event number to process claims when dealing with drunk driving accidents.

Failing to report a drunk driving accident within 24 hours is an offence unless there are exceptional circumstances. Therefore, you can face fines, legal penalties, and criminal charges based on the situation. Not reporting the accident will also jeopardise your compensation and weaken your case against courts and insurers.

What Should I Do If A Drunk Driver Tries To Convince Me Not To Report The Accident?

Failing to report an accident can land you in serious legal trouble, including penalties and even possible driving disqualification. Also, not reporting an accident or hiding its details can get you hefty fines. For example, if you don’t notify the police about a crash involving property damage, it can result in a $400 fine in Western Australia.

If the drunk driver pressures you, take some necessary steps, like calling the police and stating to the driver that it is your mandatory legal requirement to report the accident. Moreover, avoid confrontations and move to a safer place if you feel threatened.

Here are some steps to ensure your protection:

• Do not sign any documents presented by the at-fault driver.
• Do not agree to any private settlement.
• Gather evidence, including the at-fault driver’s details and their number plate.

Could I File A Lawsuit If A Drunk Driver Killed My Loved One?

Yes, you can file a lawsuit if a drunk driver has killed your loved one. Family members of a deceased victim have the right to pursue a wrongful death claim. You can make these claims through statutory compensation schemes, like the Compulsory Third Party (CTP) or Transport Accident Commission (TAC).

You can claim the following compensations in wrongful death cases:

• Funeral expenses
• Loss of financial support
• Emotional distress/Suffering

In some cases, you may also receive ongoing financial support if you were dependent on the deceased. Other schemes include lump sum payments and counselling costs for the affected family members.

To file a wrongful death lawsuit, you will need evidence regarding the drunk driver’s reckless actions that caused your loved one’s death. Remember, there’s a 3-year time limit for these cases. Failing to apply in this period can significantly impact your financial compensation.

What Role Can A Lawyer Play In A Drunk Driving Accident Case?

Legal representation can play a crucial role in strengthening your position and maximising the compensation. An experienced lawyer can help you with:

• Organising evidence, including BAC results and accident reconstructions.
• File all necessary claims within the strict time limit.
• Negotiate assertively with the insurance company.
• Pursue your case in court if needed.
• Prepare the right legal strategy to strengthen your case.

So, if you need legal help against a drunk driver, contact us today! Our specialised drink driving lawyers are always here to provide you with compassionate and knowledgeable support and ready to guide you through every step of the legal process. So, book a free consultation with us and discuss your case.

Does Car Insurance Cover Drink-Driving Accidents In Australia?

Yes, you are eligible to claim compensation for damages and injuries if a drunk driver hits your car in Australia. The car insurance coverage for drunk-driving accidents is strictly regulatedin Australia. Therefore, at-fault parties receive nothing from their insurers after an accident.

Victims, however, can receive compensation through statutory compensation schemes. It is mandatory across Australia and covers injuries to people caused by motor vehicle accidents. You can also claim against the drunk driver’s comprehensive insurance or your own, depending on your company and its policy.

Australian insurance laws are comparatively stricter than those of many other countries. For example, some insurance companies in the United States may even provide limited coverage for at-fault drunk drivers. However, insurers in Australia deny any coverage for the at-fault party. In fact, many insurers are cautious about offering coverage to a person with a DUI conviction.

How To Claim Insurance When Not At Fault?

Here’s a step-by-step process on filing a claim against the at-fault driver:

• Gather evidence from the accident scene, including the at-fault driver’s name, contact details, address, and registration.
• Contact police to test the at-fault driver’s intoxication and request a copy of the report for your records.
• Notify your insurance company about the accident with the evidence you have collected as soon as possible.
• Submit a CTP or property damage claim with the at-fault driver’s insurer.
• If necessary, take professional legal assistance to negotiate a fair settlement with the insurer.

Furthermore, police reports and evidence are vital to building a strong case against the drunk driver. This documentation will contain factors like the driver’s intoxication, field sobriety test results, and witness statements. This can help you establish the drunk driver’s fault and give you an edge in legal proceedings.

What Liability Do Drunk Drivers Have In Car Accidents?

Drunk drivers face significant legal and financial consequences when involved in a car accident. Liability in civil claims depends on proving negligence, although DUI is a criminal offence.

Drunk drivers face criminal charges such as fines, licence disqualification, and imprisonment depending on the blood alcohol concentration (BAC) and prior offences. For example, first-time offenders with a BAC of 0.15+ ab be fined up to $4,516, a 6-month licence disqualification, and 9-month imprisonment in Queensland.

Additionally, drunk drivers are financially liable for compensation through CTP insurers, which cover injuries to victims. So, they can also be sued for property damage, medical expenses, lost income, and emotional distress by victims.

Also, the liability in drunk driving accidents is assessed under state-specific regulations, including the following factors:

• Police reports documenting intoxication.
• Evidence of erratic driving or witness statements.
• Admission of alcohol consumption.
• Contributory negligence, like riding with an intoxicated driver.

Is A Drunk Driver Automatically Negligent And At-Fault For An Accident?

No, the drunk driver is not automatically negligent because the liability is determined by proving negligence and causation. However, driving under the influence is a criminal offence and can establish fault with appropriate evidence.

Courts may require proof that the driver’s intoxication directly caused the accident. For example, the intoxicated driver may not be liable if they are rear-ended by a driver who is texting while driving.

Can I Still File A Claim If The Driver Isn’t Convicted Of Drunk Driving?

Yes, you can still file a claim if the driver is not convicted of drunk driving. The ability to recover compensation relies primarily on the strength of your evidence.

In civil claims or property damage lawsuits, you only need to show that the other driver’s intoxication caused your losses, even if they are not convicted in court.

Civil claims are filed by victims seeking compensation for losses like lost wages, medical expenses, or pain and suffering. In contrast, criminal charges are pursued by the state to punish unlawful behaviour. Civil cases are independent, meaning the outcome of a criminal case doesn’t determine your right to file a civil claim.

Again, the evidence is the key to building a strong civil case. Police reports contain signs of intoxication, failed sobriety tests, and witness testimonies. Hence, these are enough to maximise your compensation even without a conviction.

Steps For Victims If The Drunk Driver Was Uninsured

Victims face unique legal and financial challenges when a drunk driver who caused an accident is uninsured. However, there are still ways to recover your costs and secure compensation.

Suing the uninsured driver will do you no good. If the at-fault driver is uninsured, assess statutory entitlements and recovery prospects. That’s because usually uninsured drivers lack the resources to satisfy a court judgment. It can only make the recovery process more lengthy and stressful for you. So, if you are in a similar situation, here are some alternatives:

• You can still claim compensation for injuries through state-based CTP schemes in most states.
• The Transport Accident Commission (TAC) provides compensation regardless of whether the at-fault driver is uninsured.
• You can also apply for state-specific schemes like WorkCover. They can provide workers’ compensation benefits if the accident occurred while you were working.

To get these alternatives, start by reporting the accident to the police. Collect a copy of the police report and other evidence. Then, you can lodge a claim to the relevant state authority, like CTP or TAC. Still worried about the situation’s complexity? Seek legal advice to guide you through the process.