If you or your loved one has been injured in a DUI accident in Texas, car insurance does cover drunk driving accidents. Since Texas is an at-fault state for automobile insurance, the drunk driver’s liability insurance is responsible. If an insurance company has told you that you or your loved one’s injuries are not covered because the driver was drunk, contact our experienced car accident lawyers as soon as possible.
Texas law allows insurance companies to deny coverage when a driver intentionally causes a collision, and the insurance company may attempt to use this as grounds to deny your claim. However, Texas courts have determined that drunk driving collisions are accidents rather than intentional misconduct. To deny coverage, an insurance company would have to prove that the drunk driver intended to collide with your vehicle.
Types of Damages Insurance Companies Cover After a Drunk Driving Accident
If a drunk driver has hit you, the driver’s insurance company should cover your economic and non-economic damages. These types of damages are also known as compensatory damages because they compensate you for your losses. If you are the spouse, child, or parent of someone who has died from an accident with a drunk driver, you may also be entitled to recover damages in a wrongful death claim.
Economic Damages
Economic damages compensate for the verifiable monetary losses stemming from the accident, such as the following:
- Medical expenses
- Physical therapy
- Assistive devices
- Care attendant
- Transportation costs to treatment
- Ongoing and projected future medical expenses
- Lost wages
- Lost earning capacity
Economic damages in a wrongful death claim may include funeral costs, loss of inheritance, loss of your loved one’s lifetime earnings, and your loved one’s medical expenses.
Non-Economic Damages
Non-economic damages are compensation for intangible losses, such as pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life. If the drunk driving accident resulted in the death of a spouse, parent, or child, you may be entitled to damages for your loved one’s pain and suffering and your emotional losses, such as the following:
- Loss of companionship
- Loss of parental guidance
- Loss of comfort
- Loss of love and affection
Limitations on Car Insurance Coverage in DUI Accidents
Although car insurance companies must cover actual damages, they are not always required to cover all of your damages.
Coverage Limits
Car insurance companies are only obligated to cover damages up to the coverage limits purchased by the insured driver. Every Texas driver must carry the following minimum coverage:
- $30,000 bodily injury coverage per person
- $60,000 total bodily injury coverage per accident
- $25,000 property damage coverage
If the drunk driver purchased the minimum insurance required, you generally cannot require the insurance company to pay more than $30,000 for your injuries and $25,000 for your property damages. However, Texas drivers may purchase additional coverage, increasing the amount you could recover.
If your damages exceed the coverage limits, you may still be able to recover your remaining damages, but they will have to come from other sources. An experienced Texas personal injury lawyer can identify other avenues of compensation to cover your losses.
Punitive Damages
Punitive or exemplary damages are considered non-compensatory because they do not compensate the victim but punish the wrongdoer and deter other misconduct. Insurance companies are not required to cover punitive damages, which typically must come from the defendant.
Texas caps punitive damages at the greater of $200,000 or double your economic damages plus your non-economic damages up to $750,000.
How Can Shamieh Law Help You Get Compensation After A Drunk Driving Accident in Texas?
If you or your loved one has been injured in a drunk driving accident in Texas, our experienced and compassionate Texas injury attorneys are ready to champion your cause. If your damages exceed the insurance company’s limits, we know where to look for additional sources of compensation.
Liable Parties Other than the Drunk Driver
In some cases, the drunk driver may only be partly to blame for your accident. Our thorough and dedicated lawyers will perform a detailed accident investigation to identify all the liable parties. Determining all the responsible parties will allow us to access 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
We will also investigate the defendant as a source of compensation. We will look at the defendant’s assets and income to determine whether we can recover compensation from the defendant directly. We will also look for additional insurance policies the defendant owns that may cover your injuries.
Your Insurance
Although not required, your car insurance policy may include additional coverage for damages caused by drunk drivers. The following coverage is available in Texas:
- Uninsured motorist – Pays economic and non-economic damages if the other driver fails to carry it.
- Underinsured motorist – Pays economic and non-economic damages if the other driver’s insurance falls short of covering all your damages.
- MedPay – Medical payment coverage pays your medical bills if you are hurt as a driver or passenger in someone else’s car.
- Personal Injury Protection – provides insurance coverage for medical bills and other economic losses, such as lost wages, whether you are a driver or passenger.
- Collision coverage – pays for repair or replacement of your vehicle after an accident.
Our Focus on Service with Results
At Shamieh Law, we focus on winning with awareness. This means we work aggressively to get you the results you deserve in a way that promotes respect for every party involved in your claim. This approach makes insurance companies more inclined to work with us rather than fight against you.
Our approach works. We have won over $100 million in successful case results, and we are one of only a few law firms with a perfect five-star Google rating with over 250 five-star reviews.
We treat every client like family and truly care about you and your results. We understand the challenges you are facing after being injured or losing a family member to a drunk driver. We are committed to standing by you during this difficult time and getting you fair and full compensation.
Contact Us
Insurance will cover DUI damages if a drunk driver harms you or your loved one. However, insurance companies may attempt to deny coverage. Our experienced injury lawyers at Shamieh Law are dedicated to holding insurance companies accountable for the damages they owe.
At Shamieh Law, we are all about family and treat every client like a member of ours. We are here to help and ready to go to work for you immediately. We charge no upfront fees, and you only pay if we win. Contact us today to schedule your free consultation.
