What If the Drunk Driver is an Uninsured Motorist?

Money may still be available under auto insurance coverage known as uninsured motorist insurance (UM) if the drunk driver has no insurance OR insufficient insurance. How much and under what circumstances UM insurance is available can get tricky. This is definitely an area where an attorney experienced in DUI crash cases can prove invaluable. Generally, UM insurance is available under your own automobile insurance coverage unless it was rejected in writing.

You can even qualify for coverage as the driver or passenger under somebody else’s UM insurance coverage. Often cases have been turned down by other lawyer and then Mr. Asencio finds UM.

If there is no UM insurance, a judgment can still be obtained against the drunk driver. Under the bankruptcy code, the drunk driver cannot discharge that judgment in bankruptcy. Neither compensatory nor punitive damages can be discharged. While collection against the drunk driver may prove difficult, the judgment will remain against the drunk driver for up to 40 years.

You can also get money from your own auto insurance company to pay PIP benefits for your medical expenses (80%), lost wages (60% of gross average weekly wage) plus all expenses (100%) reasonably incurred in obtaining from others ordinary and necessary services in lieu of those that, but for the injury, you would have performed without income for the benefit of your household.

You can also get money from your own health insurance company to pay for part of your medical bills (depending on the deductible and co-pay) after the PIP coverage is exhausted or if you need to use all of your PIP for lost wages and replacement of ordinary and necessary household services.

You also can apply for crime compensation with the State of Florida. Crime compensation is different from restitution which is available through the criminal DUI prosecution.

You may be asking yourself "Won’t I have to pay for any deductible or co-pay on my own PIP insurance or my health insurance?"

Not necessarily. While PIP usually only covers 80% of your medical expenses and you are responsible for the 20% co-pay and any deductible, the deductible and co-pay are waived if you are found eligible for crime compensation. Getting crime compensation is another area where an attorney experienced in representing victims of DUI crashes can help. The deadline for applying for crime compensation is one year following the DUI crash. However, it can be extended for one additional year for good cause.

If you or a loved one has been the victim of a drunk driving crash, we encourage you to contact attorney Diego C. Asencio today at (561) 844-0840 for a free, confidential consultation regarding your legal rights and options.
 

Attorney Diego C. Asencio encourages you to support Mothers Against Drunk Driving (MADD) in the fight against drinking and driving. Click Here to find out how you can help.
 

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