Does Insurance Cover Drunk Driving Accidents? How Car Insurance Pays DUI Accident Victims in Texas

Does insurance cover drunk driving accidents? In most cases, yes. If a drunk driver hits you in Texas, that driver’s liability insurance generally pays for your injuries and property damage, up to the policy limits, even though the driver broke the law. If the driver has no insurance or not enough, your own uninsured and underinsured motorist coverage may pay the rest, and other sources, such as a bar that overserved the driver, may also be responsible.

Allbee Law Firm’s Dallas drunk driving accident lawyers can help you understand which insurance policies apply to your DUI accident and how to recover the full compensation you deserve.

How Car Insurance Covers a Drunk Driving Accident

The Drunk Driver’s Liability Insurance

Liability insurance exists to pay for the harm a driver causes to other people. Texas requires every driver to carry liability coverage, and that coverage generally still applies when the driver was drinking and driving. For victims, the at-fault driver’s liability coverage is usually the first source of payment for medical bills, lost wages, pain and suffering, and damage to your car.

Texas Minimum Coverage Limits

The problem is often how much insurance coverage the driver carried. Texas only requires $30,000 per person and $60,000 per accident in bodily injury liability coverage, plus $25,000 for property damage. Many drivers carry only the minimum coverage, and drunk driving crashes often cause injuries that far exceed those limits.

Can a Drunk Driver’s Insurer Deny Your Claim?

An insurance company may try to cancel or refuse to renew the driver’s policy after the crash, and some auto policies may exclude coverage for the impaired driver’s own losses. But those decisions generally do not wipe out coverage for innocent victims who were already hurt. If an insurer pushes back on paying a claim after a DUI accident, an experienced car accident attorney can review the policy and challenge an improper denial.

When the Drunk Driver Has No Insurance or Not Enough

Drunk drivers are sometimes uninsured, driving on a suspended license, or quick to flee the scene. Several types of coverage can help when the at-fault driver lacks insurance.

Uninsured Motorist Coverage

If the driver has no insurance, uninsured motorist coverage on your own auto policy can pay for your injuries as if it were the drunk driver’s insurance. Texas insurers must include uninsured and underinsured motorist coverage in auto insurance policies unless the policyholder rejects it in writing.

Underinsured Motorist Coverage

If the driver had insurance but not enough to cover your losses, underinsured motorist coverage may pay the difference, up to your own policy limits. This optional coverage is often the most important protection a victim has after a serious drunk driving crash.

Hit-and-Run Drunk Drivers

Some drunk drivers flee the scene to avoid arrest. If the driver is never found, your uninsured motorist coverage generally treats the crash like a claim against an uninsured driver. Texas policies typically require actual physical contact with the fleeing vehicle.

Why You Should Not Handle These Claims Alone

In an uninsured or underinsured motorist claim, your own car insurance company becomes the party paying the claim, and it has every reason to pay as little as possible. Adjusters are trained to ask questions in ways that can lower the value of your claim, and recorded statements can be used against you later. Allbee Law Firm handles all communication with the insurance companies for our clients.

Other Coverage That May Pay After a DUI Accident

Personal Injury Protection (PIP)

Personal injury protection pays medical bills and a portion of lost income no matter who was at fault. PIP benefits can help right away, before liability is sorted out, and in Texas your insurer cannot seek reimbursement for PIP out of your injury settlement.

Medical Payments Coverage

Medical payments coverage also pays medical bills regardless of fault, but unlike PIP, MedPay is subrogable in Texas. That means your insurer can seek repayment from your settlement for what it paid.

Collision Coverage for Car Repairs

Damage to your car is usually paid by the at-fault driver’s property damage liability coverage. If that coverage is not enough or the driver has no insurance, your own collision coverage may help pay for car repairs, or for the value of the vehicle if your car is totaled. Property damage claims are generally handled separately from your injury claim.

Who Else Can Be Liable in a Drunk Driving Accident?

Bars, Restaurants, and Other Alcohol Providers

Texas has a dram shop law that can make a bar, restaurant, or other alcohol provider liable if it served someone who was obviously intoxicated to the point of presenting a clear danger, and that intoxication caused the accident. These businesses often carry liquor liability insurance, which can provide coverage beyond the drunk driver’s auto policy.

Adults Who Serve Alcohol to Minors

Texas law also allows claims against adults who knowingly serve or provide alcohol to minors under 18 in certain situations, if the minor’s intoxication contributes to a crash.

Employers and Vehicle Owners

If the drunk driver was on the job, driving a company vehicle, or driving a car that someone knowingly lent to an intoxicated or reckless driver, additional parties and policies may be involved.

What Compensation Can DUI Accident Victims Recover?

Medical Bills and Lost Wages

Victims can seek compensation for past and future medical bills, rehabilitation, lost wages, and reduced earning capacity.

Pain and Suffering

Compensation can also cover physical pain, mental anguish, physical impairment, and disfigurement. Drunk driving crashes often cause serious injuries, and these damages are frequently a large part of the claim.

Exemplary (Punitive) Damages

Texas allows exemplary damages, sometimes called punitive damages, when a defendant’s conduct rises to the level of gross negligence. Driving drunk can support that kind of claim. Insurance does not always cover exemplary damages, so they may need to be collected from the driver personally, and in some intoxication cases, Texas’s usual cap on exemplary damages does not apply.

Wrongful Death Damages

When a drunk driver kills someone, certain family members can bring a wrongful death claim for lost financial support, loss of companionship, mental anguish, and funeral expenses.

Does the Criminal DWI Case Affect Your Insurance Claim?

The Criminal Case Is Separate

An arrest for driving under the influence, called DWI in Texas, is handled in criminal court. That case punishes the driver, but it does not pay your medical bills. Like any other car accident claim, your insurance claim and any lawsuit are separate civil matters.

Evidence From the Criminal Case Can Help

Police reports, breath or blood test results, and a guilty plea or conviction can be strong evidence that the impaired driver caused the accident. Even without a conviction, you can still pursue compensation by proving the driver was negligent.

What to Do After a Drunk Driving Crash

At the Scene

Call 911 and get medical help. Tell officers if you think the other driver was impaired so they can investigate. If you can, take photos, get witness information, and note anything you observed, such as the smell of alcohol or slurred speech.

In the Days After

Get medical treatment and keep your records. Do not give a recorded statement to any insurance company or sign anything before talking to a Dallas personal injury lawyer. If you believe the driver came from a bar or restaurant, write down anything you know, because receipts and video footage from the business can disappear quickly.

Watch the Deadline

In Texas, you generally have two years from the date of the accident to file a personal injury lawsuit against the drunk driver or other responsible parties.

How a Drunk Driving Accident Lawyer Can Help

A drunk driving accident lawyer or personal injury attorney can identify every policy and responsible party, including liability insurance, uninsured and underinsured motorist coverage, liquor liability insurance, and the driver’s personal assets. Our Dallas car accident attorneys can gather evidence from the criminal case, investigate whether a bar overserved the driver, handle the insurance companies, and file a lawsuit against the drunk driver if needed. Allbee Law Firm handles drunk driving accident cases on a contingency fee basis, so you pay nothing upfront and owe no attorney fee unless we win.

Talk to a Dallas Drunk Driving Accident Attorney

A drunk driver’s choice should not leave you paying for your recovery. Whether the driver carried minimum coverage, no coverage at all, or left a bar that should have stopped serving, Allbee Law Firm will track down every policy that can pay your claim. Call (972) 848-4848 to schedule your free consultation.

Frequently Asked Questions About Insurance and Drunk Driving Accidents

Does Car Insurance Cover Drunk Driving Accidents in Texas?

Yes, in most cases. The at-fault driver’s liability insurance generally pays for the injuries and damage they cause to others, up to the policy limits. If that is not enough, uninsured or underinsured motorist coverage may help.

Does Insurance Cover DUI Accidents if the Drunk Driver Was Arrested?

Yes. An arrest or DWI charge does not stop victims from making a claim against the drunk driver’s liability insurance. The criminal case and the insurance claim are handled separately.

What if the Drunk Driver Has No Insurance?

Your uninsured motorist coverage may pay for your injuries. You may also have claims against other parties, such as a bar that overserved the driver, and you can pursue a lawsuit against the drunk driver personally.

Can I Sue a Bar for a Drunk Driving Accident in Texas?

Possibly. Under Texas dram shop law, a business that served alcohol to someone who was obviously intoxicated and presented a clear danger can be held liable if that intoxication caused the accident.

Can I Get Punitive Damages From a Drunk Driver?

Possibly. Texas allows exemplary damages for gross negligence, and drunk driving can qualify. Whether insurance pays those damages depends on the policy and the facts of the case.

How Long Do I Have to File a Claim After a DUI Accident?

You generally have two years from the date of the accident to file a lawsuit in Texas. Evidence such as bar receipts and surveillance video can disappear much sooner than that.