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In Colorado, insurance coverage for DUI accidents can be a bit complex. If you're involved in a DUI accident, your insurance company may cover the damages, but it depends on the type of policy you have.
In Colorado, drivers are required to have liability insurance, which covers damages to other people's property and medical expenses. However, if you're convicted of a DUI, your insurance company may not cover your damages.
The severity of the DUI conviction can also impact insurance coverage. If you're convicted of a first-time DUI, your insurance rates may increase, but your coverage may not be affected. However, if you're convicted of a repeat DUI, your insurance company may cancel your policy or refuse to renew it.
Insurance companies in Colorado may also consider the circumstances of the accident when determining coverage.
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Insurance Coverage for DUI Accidents
Insurance coverage for DUI accidents can be complex, but it's essential to understand your options. If a drunk driver hits you, their insurance company should cover your economic and non-economic damages.
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The type of damages you can recover depends on the insurance coverage purchased by the drunk driver. In Texas, for example, the minimum coverage requirements include $30,000 bodily injury coverage per person, $60,000 total bodily injury coverage per accident, and $25,000 property damage coverage.
If the drunk driver's insurance coverage limits are exceeded, you may still be able to recover your remaining damages, but they will have to come from other sources. In this case, an experienced personal injury lawyer can help identify other avenues of compensation.
If the at-fault driver is uninsured, your uninsured/underinsured motorist (UM/UIM) benefits should provide coverage. This largely depends on your own policy limits.
Here are some common recoverable damages for a drunk driving accident:
• Medical expenses
• Lost wages
• Decreased earning potential
• Disability and disfigurement
• Pain and suffering
• Loss of enjoyment of life
Keep in mind that the availability of these damages depends on the insurance coverage and the laws of your state. In some cases, you may be able to recover damages even if you were partially at fault for the accident.
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Liable Parties and Claims
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In cases where the drunk driver is not the only one responsible for the accident, other parties can be held liable. This includes government entities that failed to maintain safe roads or adequate signage, manufacturers and distributors of defective vehicles and parts, and other drivers that contributed to the accident.
Determining all the responsible parties is crucial to accessing all the insurance coverage available for your losses. We may be able to hold the following parties liable in addition to the drunk driver:
- Government entities that failed to maintain safe roads or adequate signage
- Manufacturers and distributors of defective vehicles and parts
- Other drivers that contributed to the accident
- The owner of the vehicle, if not the driver
- The owner of a bar or other establishment that served excessive alcohol to the defendant leading up to the accident when the defendant was visibly intoxicated or under 21
In some cases, your own insurance policy may provide additional coverage for damages not covered by the at-fault driver's insurance. This is often referred to as uninsured/underinsured motorist (UM/UIM) benefits, which can provide coverage if the at-fault driver is uninsured.
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Liable Parties Other Than Driver
If you're involved in a car accident caused by a drunk driver, you may not be limited to suing just the driver. In fact, there are several other parties who could be held liable for your losses.
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Government entities that failed to maintain safe roads or adequate signage can be held accountable. This includes things like potholes, uneven road surfaces, and poor lighting.
Other drivers who contributed to the accident can also be held liable. This might include drivers who were texting or distracted, or those who failed to yield to the drunk driver.
The owner of the vehicle, if not the driver, can also be held responsible. This is especially true if the owner knew the driver was drunk or impaired.
Bars and other establishments that serve excessive alcohol to customers can also be held liable. This includes cases where the establishment knew the customer was visibly intoxicated or under 21.
Here are some examples of liable parties other than the drunk driver:
- Government entities that failed to maintain safe roads or adequate signage
- Manufacturers and distributors of defective vehicles and parts
- Other drivers that contributed to the accident
- The owner of the vehicle, if not the driver
- The owner of a bar or other establishment that served excessive alcohol to the defendant leading up to the accident
Your own car insurance policy may also provide coverage in cases where the at-fault driver is uninsured. This is often referred to as uninsured/underinsured motorist (UM/UIM) benefits, and it can help pay for your medical expenses and other losses.
Dram Shop Liability in Colorado
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In Colorado, businesses that sell alcohol can be held liable if they serve a minor or visibly intoxicated individual who then causes an accident. This is known as dram shop liability, and it's explained in the Colorado Revised Statutes section 12-47-801.
Both civil and criminal charges can be pursued under dram shop liability. This means that if a business is found to have served alcohol to someone who was underage or visibly intoxicated, they could face serious consequences.
Dram shop liability applies to businesses that are licensed to sell alcohol, as well as individuals who knowingly serve alcohol to underage minors in their homes. This means that not just bars and restaurants, but also private individuals, can be held accountable.
Here are some examples of how dram shop liability can apply:
- Bars or restaurants that serve alcohol to minors or visibly intoxicated individuals
- Private individuals who host parties and serve alcohol to underage guests
- Businesses that sell alcohol and fail to check IDs or monitor patrons' behavior
If a business is found to have violated dram shop liability laws, they could face fines, penalties, and even have their liquor license revoked. This is in addition to any civil or criminal charges that may be brought against the individual who caused the accident.
Why Do I Need a Lawyer?
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You need a lawyer after a DUI accident because they can help you navigate the complex process of filing a claim with the insurance company. An experienced DUI accident attorney will know which routes will lead to the best possible outcome for your case.
The driver's insurance company will only pay for damages up to the maximum liability limits of their policy, leaving a significant gap between your expenses and their willingness to cover them. This is why it's crucial to work with a skilled DUI accident attorney.
A DUI lawyer can help you collect valuable evidence, including police report details, BAC test data, and medical information. They can also review your case for key details and avoid missing deadlines for filing a DUI accident insurance claim.
Here are some of the key services a DUI accident lawyer can provide:
- Review your case for key details
- Collect valuable evidence, including police report details, BAC test data, medical information, etc.
- Avoid missing deadlines for filing a DUI accident insurance claim
- Protect yourself from accidentally jeopardizing your claim in conversations with insurance adjusters
- Establish liability (prove the other driver was at-fault)
Without the right DUI accident lawyer, you may be shortchanged by the insurance company, leaving you and your family in a financially strained situation. A trusted accident attorney will fight for maximum compensation on your behalf, taking care of all pertinent details so that you have the freedom to focus on your recovery.
Frequently Asked Questions
Does Gap insurance cover DUI accidents?
No, Gap insurance typically does not cover accidents caused by driving under the influence of alcohol, which can also impact claim payments and insurance eligibility
Will Geico cover a DUI accident?
Geico will insure individuals with a DUI conviction, including filing necessary forms like SR-22 or FR-44 with the state
Do I have to tell my insurance company about a DUI?
No, you are not required to disclose a DUI conviction to your insurance company, but withholding this information can ultimately harm your policy. It's best to report a DUI conviction to your insurance company to avoid potential issues when renewing your policy.
Which actions can an insurance company take if you receive a DUI?
Insurance companies may raise your rates or cancel your coverage if you receive a DUI, potentially increasing your costs or leaving you without protection
Can insurance deny a claim if you were drinking?
Insurance policies may deny claims if alcohol is involved, but laws vary by state and the specific circumstances of the claim. Check your state's laws and policy details to understand how alcohol use affects insurance coverage.
Sources
- https://shamiehlaw.com/faqs/does-insurance-cover-damages-from-drunk-driving-accidents-in-texas/
- https://www.springersteinberg.com/blog/does-car-insurance-cover-dui-accidents/
- https://www.jasonschultzpc.com/faqs/will-insurance-cover-a-drunk-driving-accident-.cfm
- https://www.chaffinluhana.com/dui-insurance-coverage/
- https://www.americaninsurance.com/does-insurance-cover-dui-accidents
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