What to Do After Being Hit by a Drunk Driver in California

When someone makes the reckless decision to get behind the wheel after having too many drinks, it places the safety and lives of every driver and passenger around them in jeopardy. If you were hit by a drunk driver, you may be wondering what to do after being hit by a drunk driver in California. Consulting a local drunk driver accident lawyer in Beverly Hills can help you understand your rights and build a strong case. The steps you take or don’t take after a drunk driving accident can determine whether you receive compensation for your injuries.

Seek Medical Attention Immediately

Your health and safety should be your first concern. Even if you believe you are not seriously injured, not all injuries are immediately apparent. Call 911 and tell them your location and how many people may potentially be hurt. When paramedics arrive, allow them to examine you for injuries.

Then, schedule a visit to your doctor for a more thorough examination. This can ensure you recover on time. Seeking medical attention also provides you with evidence that can strengthen your claim. Follow all treatments that are prescribed by your doctor.

Report the Accident to Law Enforcement

Any serious car collision that results in property damage, injury, or death has to be reported to law enforcement. If an officer arrives at the scene of the crash, they will likely draft a police report that could include important details about who is at fault. If the intoxicated driver is still at the scene of the collision, they will be tested for intoxication.

If they are drunk, the driver will be arrested and face DUI charges. You can request a copy of the police report. If the driver is found to be intoxicated, that can make proving liability much easier later on.

Gather Evidence at the Scene

If you are physically able to, collect evidence from the scene of the accident. You can take photos and videos of the vehicles and the surrounding street. If you see any evidence that the driver is drunk, such as an open container, you take a photo of that evidence as well. Witness statements can be useful later on. If anyone saw the collision, gather their contact information. The more information you gather, the stronger your claim for compensation will be later on.

Notify Your Insurance Company

After the accident, report the crash to your insurance company as soon as possible. Be honest about the details. However, you should avoid admitting fault or speculating about injuries until you receive medical evaluations. Your insurer will investigate the claim and may seek compensation from the at-fault driver’s insurance.

If the drunk driver is uninsured or underinsured, your uninsured motorist coverage may apply. Keep track of all medical expenses, repair estimates, and communications with insurance adjusters. An attorney can help handle insurance negotiations to ensure you receive full compensation rather than a low settlement offer.

Understand Your Legal Rights for Compensation

With the help of a drunk driver collision attorney, you can better understand your rights. You may be entitled to compensation for the financial losses you incurred because of the accident. These can include payments for medical bills, lost time from work, and even pain and suffering.

If the negligent driver is charged with driving while under the influence, that can strengthen your claim. Drunk drivers are more easily found liable for causing a collision, and facing criminal charges would make it difficult for the negligent driver to argue that they are not at fault.

Why You Should Consult a Drunk Driving Accident Lawyer

A California drunk driving accident attorney can make sure that you receive the compensation that you are owed. Even if the negligent driver faces criminal charges, they can still be held financially liable for the harm they caused to you.

An attorney can gather evidence to support your claim and represent you throughout the claims process. They can negotiate with the negligent driver’s insurance carrier or take the matter straight to court by filing a personal injury claim.

FAQs About California Drunk Driving Accident Claims and Law

How Soon After an Accident Must It Be Reported to Insurance in California?

Most insurance policies require accidents to be reported as soon as possible or within a specific timeframe. While California law mandates reporting accidents with injuries or property damage over $1,000 to the DMV within 10 days, insurers may have stricter deadlines. Failing to report promptly could risk claim denial or policy cancellation.

Does Insurance Pay If a Driver Is Drunk?

Insurance may cover damages caused by a drunk driver, but some policies include exclusions for illegal activities. If the intoxicated driver is at fault, their insurance is typically responsible for damages. However, insurers may deny coverage or cancel the policy after a DUI conviction, leaving the driver personally liable for damages.

Should I File an Insurance Claim If I Am Not at Fault?

Yes, filing a claim protects your interests, even if you are not at fault in California. The at-fault driver’s insurance should cover damages; however, delays, disputes, or insufficient coverage can complicate matters. Reporting the accident to your own insurer ensures they can assist with the claims process and provide coverage if needed.

How Do You Prove It’s Not Your Fault?

Proving fault requires strong evidence that verifies your version of events, such as accident scene photos, witness statements, and police reports. Traffic camera footage, dashcam videos, and expert analysis can also support your case, but these forms of evidence may be easier to access with attorney assistance. Demonstrating that the other driver violated traffic laws, such as running a red light or speeding, strengthens your claim.

Schedule Your Car Accident Consultation Today

A car collision can leave you physically injured and concerned about how you will pay for your medical treatments and any missed time from work as you recover. With legal representation from Heimanson & Wolf, LLP, you can be compensated for your injuries. Our attorneys understand the tactics negligent parties and their insurance providers use to avoid financial liability.

We won’t let them get away with false accusations or attempts to avoid paying you what you are owed. If needed, our law firm can take action through the civil courts by filing a personal injury claim. Don’t delay securing the justice and compensation that you are owed. Contact our trusted law firm today to schedule your car collision consultation.