DWI Hit and Run Accident

wwizman

New Member
1
I was hit by a Drunk Driver that hit me in Driver's door, bounced off and kept going. He was caught. Charged with his 4th dwi/dui in ten years, 3rd refusal of breath/blood test in 3 years, Hit and Run with injury to victim, and driving on a suspended license for dui conviction.

I had bad whiplash that kept me out of my driving job for 6 weeks, also back sprain, and possible concussion. ER and Doctor Bill were $3700.00 including Physical Therapy, 15 sessions. Lost 6 weeks wages of $5100.00.

With the past record of the driver, and the special circumstances of the DWI Hit & Run, what would be the chances that the insurance company would want to go to court if My Demand, they feel is too high and can't be met? What would be a ballpark figure to settle on?
 
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No one here is going to be able to give you settlement advice. Usually pain and suffering are something to the tune of three times medical bills (if memory serves).

His history doesn't matter. That is completely irrelevant to the claim. Odds are they're going to give you an offer and you can counter it, take it, or decide to go to a lawyer. Odds are they're going to give you a fair offer and if you get an attorney they're going to take a third of the settlement amount which is a pretty big chunk.

Driving history along with hit and run don't mean anything about the claim other than determining whether or not they pay.

Have they made you an offer?
 
Wait... the other person has insurance with a suspended drivers license? What carrier would write a person who cannot legally drive?

If there is insurance, I don't see that they would want to go to court and I suspect you might be able to argue a slightly higher payment because of this. However, it it were too high they would probably rather have you sue. If you file suit you are going to pay an attorney 40% (instead of nothing or 33%) and pay all expenses. So you will get less.
 
Wait... the other person has insurance with a suspended drivers license? What carrier would write a person who cannot legally drive?


Happens all the time. They have insurance, then the license gets suspended, and they keep the insurance.
 
Happens all the time. They have insurance, then the license gets suspended, and they keep the insurance.

This is the person's 4th DUI. I'd suspect that it's not the 3rd or 4th within the past year. A such I suspect that this person's license was not suspended only within the last year (refusal of a DUI test is almost always an automatic 1 year suspension).

The OP did not specifically state that the other driver did have insurance. I'm just trying to cover all the bases.
 
Regardless it depends on the at fault parties bodily injury limit. Each state has a minimum and most ive seen as a maximum for standard insurance companies is 300k. If the at fault driver doesnt have eniugh coverage you can still make your injury claim see what you get than talk to your insurance company to make an underinsured motorist claim. Talk to your adjuster for options. Ill be hinest, looking at the numbers you may onky recover a fraction of what you lost. May be inyour best interest to seek legal council. Good luck.

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Happens all the time. They have insurance, then the license gets suspended, and they keep the insurance.

Most insurance companies do not run licenses every time a policy is renewed. It costs to much money. He probably had the policy with a clean license and have not rerun it in awhile.
 
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