Filing a Claim for a Drunk Driving Accident in Pennsylvania: What Victims and Families Need to Know

There is a reason why it is illegal to drink and drive in Pennsylvania. Drunk drivers are risks to everyone on the road, and far too often, drunk drivers’ poor decisions lead to life-altering consequences for victims and their families. If you have been seriously injured or lost a loved one in a drunk driving accident, you have clear legal rights, and you should consult with an experienced Allentown personal injury lawyer promptly.

7 Important Facts for Pennsylvania Drunk Driving Accident Victims and Their Families

When you consult with an experienced Allentown personal injury lawyer, your lawyer will ask lots of questions so that he or she can provide legal advice that is custom-tailored to your individual circumstances. This is important—because every situation is unique,  and you need to ensure that you are making informed decisions with your best interests in mind. With this in mind, here is an introduction to what drunk driving accident victims and their families need to know in Pennsylvania:

1. Auto Insurance Covers Drunk Driving Accidents

While drunk driving accidents are unique from other types of motor vehicle accidents in many respects, there is one key similarity: they are covered by auto insurance. Drunk driving is negligent driving, which means liability coverage should be available.

Even if the drunk driver got arrested and is facing criminal charges, you will still need to take legal action in order to seek the financial compensation you and your family deserve. In most cases, this starts with filing an insurance claim. To file an insurance claim, you will need to be able to prove that the driver was drunk—and this makes it important to hire an experienced Allentown personal injury lawyer who can conduct a comprehensive investigation as soon as possible.

2. The Drunk Driver Who Hit You or Your Loved One Should Have Coverage

Auto insurance is mandatory under Pennsylvania law. This means that the drunk driver who hit you or your loved one should have liability coverage. At a minimum, the drunk driver should have coverage of $15,000 in bodily injury liability coverage (per person) and $5,000 in property damage coverage. But, many people pay for additional coverage to protect themselves, and your lawyer will be able to determine how much coverage is available to you.

At the same time, a significant percentage of Pennsylvania drivers are illegally uninsured. If the drunk driver who hit you or your loved one was uninsured, you will need to rely on your lawyer to determine what other options you have available.

3. You May Also Be Able to Rely On Your (or Your Loved One’s) Insurance if Necessary

One option that may be available if the drunk driver is uninsured—or if the drunk driver doesn’t have enough coverage—is to rely on your own insurance policy. In this scenario, you may be able to rely on a household member’s insurance policy as well.

Specifically, if you have the coverage available, you may be able to file an uninsured motorist (UM) or underinsured motorist (UIM) claim. UM coverage applies when a drunk driver is illegally uninsured, while UIM coverage applies when your losses exceed the drunk driver’s policy limits. When you file a UM claim or a UIM claim, your insurance company “stands in the shoes” of the drunk driver’s insurer, which means that you still need to be able to prove liability in order to recover the financial compensation you deserve.

4. Pennsylvania’s “Dram Shop” Law Applies in Some Cases

Regardless of the auto insurance coverage that is available to you, filing a claim under Pennsylvania’s “dram shop” law may be another option. This law allows drunk driving accident victims and their families to hold bars, restaurants, and other retail establishments legally accountable in appropriate cases. This law applies in two specific scenarios:

• A bar, restaurant or another establishment served alcohol to a customer who was visibly intoxicated; or,
• A bar, restaurant or another establishment served alcohol to a minimum under the age of 21.

If the drunk driver who hit you or your loved one was over 21, your Allentown personal injury lawyer can investigate whether he or she had been out drinking and was visibly intoxicated before the crash. If the drunk driver was under 21, your lawyer can determine if you have a dram shop claim in this scenario as well.

5. Pennsylvania’s “Social Host” Law Also Applies in Some Cases

Along with Pennsylvania’s “dram shop” law, Pennsylvania’s “social host” law also applies in some cases. Under this law, parents and other individuals can be held liable for supplying alcohol to individuals who are under 21 or allowing individuals who are under 21 to drink on their property. If the drunk driver involved in your (or your loved one’s) accident was under 21, this is a potential source of financial recovery that your lawyer will be able to investigate as well.

6. You Could Have Other Options for Seeking Just Compensation as Well

From filing a claim against the drunk driver’s employer or rideshare company to filing a claim focused on an issue with the road, you could have various other options for seeking just compensation after a serious or fatal drunk driving accident in Pennsylvania. When you are facing accident-related losses, it is important to consider all possible sources of financial recovery.

7. The Financial and Non-Financial Costs Associated with Drunk Driving Accidents Can Be Substantial

Considering all possible sources of financial recovery is important because the costs associated with drunk driving accidents can be substantial. This includes not only financial costs but also non-financial costs. Serious and fatal accidents can have a lifetime of financial and non-financial consequences; and, since you cannot turn back the clock, it is imperative to do everything you can to ensure that you will have the financial resources you need for the future.

Contact Us to Speak with an Experienced Allentown Personal Injury Lawyer for Free

If you need to know more about your legal rights after a serious or fatal drunk driving accident in Pennsylvania, we encourage you to contact us promptly. Please call 888-777-7098 or contact us online to speak with an experienced Allentown personal injury lawyer as soon as possible.