Drunk driver car accident: How to claim

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If you have been involved in an accident with a drunk driver, a claim maybe brought against the driver. If the driver has a valid motor insurance policy, the insurer will pay compensation if can be proven that the drunk driver acted negligently and your injuries resulted from their actions.

If, however, the driver is uninsured or left the scene of the accident and cannot be traced, a claim may be brought against the Motor Insurance Bureau.

The Motor Insurance Bureau provides a fund, as a point of last resort, for personal injury claims which occur on a road or public place in accordance with the provisions of Road Traffic Act 1988. Under these provisions, it is an offence for an individual to be in charge of a vehicle while under the influence of alcohol. As a result, claims for personal injury caused as a result of an accident with a drunk driver will fail under such provisions.

How do I make a claim?
A claim for compensation for personal injury must be brought within 3 years of the date of the accident.

The claim can be brought against the driver and their insurance company or, if these details are unknown, then the claim can be brought against the Motor Insurance Bureau.

If you wish to make a claim to the Motor Insurance Bureau this can be done personally by completing the online form or by instructing a personal injury solicitor.

This article was written by Andrew Fullam on behalf of Claims National a road traffic accident compensation claim specialist.