Drunk Drivers And Auto Insurances?
Question:
Answer:
Unless the other person's insurance excudes the at-fault party due to alcohol involvement, the other insurance will pay. When you say, "disabled," you're talking about bodily injury. Disabled can either be a temporary or log-term thing. The other insurance will offer you a settlement for your injury, compensating you in a legally fair manner for the trauma caused.
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The other insurance is responsible to restore your vehicle back to proper working order, as it was prior to the accident. They are also responsible for providing you with reasonable transportation the duration your vehicle is non-operative/at the repair shop. Reasonable is considered a standard four-door car, unless you have a specific need for your rental to be a larger vehicle. They are not responsible to pay for gas, mileage, or any additional insurance.
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If you are PERMANENTLY disabled or otherwise expect to be disabled for an extended period of time (more than a year), ask his insurance if he is appropriately covered for the loss. They can't tell you his policy max, but they will know when the bills start rolling in if it's getting close. Check your policy to see then if you have UIM, Underinsured Motorist coverage. If so, call your insurance and let them know the other party doesn't have enough. They'll be able to pay the difference in your medical bills. The only way the other party would have to pay personally for your damages is 1. He's not insured 2. He's underinsured, and you carry UIM. Your insurance will pay the difference, then negotiate whether they care to pursue the other party directly for what his insurance couldn't pay. They do this by sending the other party to collections or filing suit, depending on whether it is financially worth going after.
It varies by state and insurance company.
In Arizona, there are often exclusions that release them from liability if the driver has been drinking.
Ultimately it comes down to lawyers and state laws.
The insurance will pay. But the first person who answered is right, some states or policy contracts could exclude coverage for losses where their insureds have been drinking. The only policy I ever saw in my travels that excluded that coverage was unenforceable as it was against public policy, and a statute was passed that did not allow insurance companies to try and get off the hook.
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