How Insurance Companies Handle Drunk Driving Accidents: What Victims Should Know

A driver buys car insurance. He or she files an insurance claim after an accident. The insurance company pays for the damages.

Most people assume that the insurance claims process is this simple. In reality, many factors influence whether insurance companies pay claims and how much accident victims receive. For instance, what if losses result from a drunk driving accident?

At Johnston Personal Injury Law Firm, we believe victim rights are pivotal considerations of an insurance claim. Yet, many insurance companies prioritize their profits over justice and fair business practices. Accident victims often need experienced legal representation to have any hope of getting the compensation they deserve after drunk driving accidents.

If a drunk driving accident injured you or a loved one, schedule your free consultation immediately. Get valuable advice and learn your legal options today.

How to Understand Oregon Criminal Charges for DUII Accidents

Between 2016 and 2021, the Oregon Department of Transportation revealed several “troubling trends.” Drunk driving accidents increased by 25 percent between 2020 and 2021. Drug-related crashes saw a similar 20 percent increase. Between 2016 and 2021, there was an average of 614 substance-related (alcohol, drugs, or both) fatalities and serious injuries.

With so many preventable car accidents devastating Oregon families, the State took decisive action in 2024 to reduce the number of crashes. 

The following sections will consider some of the features of House Bill 2316, legislation that could deem the at-fault driver liable for DUII (Driving Under the Influence of Intoxicants) if any substance impaired him or her during the crash, including:

• Fines: An intoxicated driver or bike rider could face financial penalties ranging from $500 to $10,000
• License suspension or revocation: Offenders could temporarily or permanently lose driving privileges
• Probation: Rather than send drunk drivers to jails, courts might release a convicted offender into the community, generally under specific conditions and the supervision of a probation officer
• Imprisonment: Courts may arrange for imprisonment in jails, minimum security facilities, inpatient rehabilitation centers, or substance abuse treatment centers
• Education: Many DUII convictions require participation in substance abuse or victim-impact treatment programs
• Community service: A drunk driver might have to perform up to 500 hours of unpaid work to benefit the community
• Drunk driving prevention devices: Courts can require those convicted of driving under the influence of intoxicants to install ignition interlock devices (IIDs) in their vehicles to prevent their cars from starting if their blood alcohol concentration (BAC) exceeds the legal limit

A DUII accident can have serious legal consequences for the at-fault driver. Yet, as a victim, you wonder if a drunk driver’s insurance company will cover such an incident. The next section will address what you need to know about drunk driving accidents and liability insurance.

What to Expect from an Insurance Company After a Drunk Driving Accident

In Oregon, the person who causes the car accident is the one responsible for paying for financial losses that might include:

• Property damage
• Medical bills
• Lost wages

Oregon motorists must carry insurance coverage for:

• Bodily injury and property damage liability
• Personal injury protection (PIP)
• Uninsured motorists

The insurance process might follow a sequence similar to the one described below. Each step is important and can significantly impact if and how much insurance companies pay for claims.

Initial contact and investigation

After a drunk driving accident, the at-fault driver’s insurance company will likely contact you. Though the insurance adjuster might seem friendly, you should be aware of their goals. 

Insurance companies investigate drunk driving accidents to determine the extent of the policyholder’s liability. If they can reduce the liability to zero, the insurer will not pay anything for the drunk driving accident. Therefore, expect probing questions about the collision and your injuries. Your responses could reduce or invalidate your claim.

Many survivors entrust this critical detail to their attorneys. A lawyer familiar with drunk driving insurance claims can handle the paperwork and communication on your behalf. Meanwhile, you can focus on your recovery.

Attempts to minimize payouts

Insurance companies can reduce what they have to pay from the first conversation, so don’t let down your guard. 

An insurance company might allege that:

• You did not suffer a serious injury
• Your medical expenses are unjustifiable
• You should accept a quick, low settlement rather than wait on larger insurance payments that may never be approved

These tactics are designed to save the insurance companies money, but they could do you great financial harm. However, you can take steps to protect yourself.

Keep records of all your correspondence, and avoid giving recorded statements or posting about your injuries on social media. Consider referring the company to your attorney to discuss the case whenever possible.

Attempts to deny coverage

An unpaid claim could leave you with unmet medical or financial needs. Yet, you might find yourself in this situation if the drunk driver’s car insurance denies the claim. 

The company might try to find grounds to deny your claim by asserting that:

• You share partial fault for the drunk driving accident
• You provided false or inaccurate information about your medical expenses or other losses
• You overestimated the damages
• You are missing required documents or adequate proof
• The policyholder’s insurance coverage does not apply to the accident of the car accident
• The amount of the policy is insufficient
• You provided documentation too late

A lawyer can anticipate predatory tactics and act to protect your interests. Contact Johnston Law Firm immediately after any car accident. Our legal team can help you maximize your compensation and avoid the hassle of dealing with unscrupulous insurance companies.

What Happens If the Drunk Driver Has No Insurance

What if a drunk driving accident occurs and the at-fault party lacks sufficient insurance to cover the total costs of your recovery? What if the drunk driver does not have a car insurance policy? Resourceful attorneys can help you to get just compensation.

PIP insurance coverage

Personal injury protection covers accidents, regardless of fault. Therefore, even a drunk driving accident could qualify for a settlement. If you insured your car in Oregon, you are likely eligible for at least the state minimum of $15,000.

Uninsured or underinsured motorist coverage

If the drunk driver is uninsured or that person’s insurance isn’t enough, your uninsured or underinsured motorist coverage may provide additional compensation. Oregon minimum requirements for drivers are $25,000 per person and $50,000 per crash for bodily injury or death of 2 or more individuals.

Dram shop laws

Bartenders, servers, and salespeople can often identify drunk people by their speech, poor coordination, or bloodshot eyes. The law prohibits businesses from serving alcohol to anyone who is visibly intoxicated. Licensed establishments like bars, restaurants, and liquor stores can be held legally responsible for the role they play in drunk driving accidents.

Personal injury lawsuits

Personal injury lawsuits for drunk driving accidents allow victims to seek compensation from the liable party. Victims can recover economic and non-economic damages.

If a loved one dies in a drunk driving accident, a lawyer can help surviving relatives file a wrongful death lawsuit. This type of claim can seek damages for funeral costs, the loss of financial support, and the emotional pain of losing a loved one. Holding the drunk driver accountable for his or her criminal offense can also provide a sense of justice for the family.

Courts sometimes award punitive damages to punish drunk drivers and deter similar behavior. According to the Oregon Health Authority, excessive alcohol use is the third-leading cause of preventable deaths in the state. Crashes involving substances cause death more often than other types of collisions.

Punitive damages go beyond compensating victims. These financial penalties are meant to address the driver’s reckless actions. These damages send a strong message that drunk driving is unacceptable.

How a Car Accident Lawyer Can Help You

Getting insurance companies to act reasonably is a challenging task. The Oregon statute of limitations can make this more difficult since this deadline means you have a set time from the accident date to start a case. Insurance companies add to the pressure, requiring quick action and comprehensive documentation to support your claim.

The compassionate and resourceful lawyers of Johnston Personal Injury Law Firm can provide relief. We pledge to conduct a thorough investigation and personalize our strategies to get you the maximum compensation possible. You can hire a lawyer without any upfront costs since we get paid when we secure money for you.

Don’t face the insurance companies alone. Schedule your free case review now.