Can I Get Injury Compensation Even Though I Was Drunk Driving?

by Marley
(Hollis, NY)

I was drunk driving and crashed into a parked truck. I broke my right hand which is my dominant hand. I was brought to the hospital in an emergency vehicle and saw the doctor. They transferred me to another hospital for surgery but before the surgery was done I was released into the custody of the police.

When released from jail I went back to the doctor for the surgery and was told I had no insurance. The vehicle I was driving was insured. My wife put me on her insurance which took about three months. I went back to the doctor and they told me my hand healed back in a deformed way. Now I can hardly use it.

What can I do? Can I get compensation from someone for my injuries even though I was drunk driving?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Can I Get Injury Compensation Even Though I Was Drunk Driving?":

Marley (Hollis, NY):

It will be very difficult to find a person or an insurance company to compensate you for your injuries. You can’t be identified purely as a victim because you were the person who caused your own injuries. Instead you are a victim and an at-fault party.

Theoretically you can sue yourself for your own negligence in causing the collision. Of course that is a practical impossibility.

There is another way to look at the problem. You mentioned you were intoxicated when the injury occurred. You didn’t mention whether you were arrested, or worse, convicted of driving while intoxicated or driving under the influence.

If you were not convicted you may still have a chance to prevail in your claim. If you haven’t yet reported the collision to your insurance company, do so now.

When you report the collision your claim will be assigned a claim number and assigned to a Claims Adjuster. Contact her and tell her you want to be reimbursed for the costs of your medical treatment since the date of the collision. Tell her you will need additional treatment, and possible surgery to correct the damage to your hand.

The worst that can happen is the Claims Adjuster will refuse to pay, but the best case is that she may just agree. Even if she refuses to pay all of the costs of your treatment, she may agree to pay for some of it. You won’t know until you try.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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