Can a passenger who was injured in a car crash claim injury compensation against drunk drivers?
It is possible for passengers to claim for injury compensation against drunk drivers, provided that the accident was caused by the drunk driver and that the passenger sustained injuries that required medical treatment. It should be noted that if the driver who is proven negligent was over the legal consumption limit, he or she is deemed drunk and will always be considered completely liable for the accident that occurred, which a sober and observant driver could have avoided.
In order to support your claim, it is of vital importance that the Gardai are immediately called to the scene of a car accident caused by a drunk driver in which people sustained injuries as they will likely face multiple additional charges. The Gardai will administer alcohol consumption tests to ascertain the driver’s intoxication. However, proof of inebriation is not proof that the driver caused the accident and numerous other sources of evidence such as the Gardai’s reports, witness statements and CCTV footage will be required to establish negligence in order to claim drunk driver accident compensation.
As long as the drunk driver in question is covered by a motor insurance policy, in most circumstance their insurance company will pay out any compensation for being injured by drunk driver. There is, however, a high chance that the insurance company will approach the potential plaintiff directly with an unsolicited offer of injury compensation against drunk drivers once it has been made aware of its policy holder’s negligence. Any such offer should be referred to your solicitor as soon after receiving it as possible to have it professionally assess to establish whether it is a satisfactory representation of the injuries suffered and the impact they have had on your daily life.
In the event that the drunk driver’s insurance has been voided because of their inebriation, the drunk driver accident compensation payment would be made by the Motor Insurer’s Bureau of Ireland (MIBI). This entity is funded by insurance companies operating in Ireland and was established in order to compensate road accidents victims caused by unidentifiable or uninsured drivers.
Although claiming compensation for being injured by drunk driver may seem straightforward, you would be well advised to engage an experienced personal injury claims solicitor who can expertly guide you through the claims process. Even if the driver was above the legal alcohol limit, it may still be necessary to prove that they have been negligent, and as mentioned before, proof of the driver’s intoxication may not be sufficient evidence to prove the drivers liability for your injuries. With the assistance of an experienced solicitor your claim for injury compensation against drunk drivers will certainly have a higher potential for success.