Legal Question in Personal Injury in Tennessee
Liability of an uninsured DUI driver in an injury accident
We were hit in the rear by a DUI driver totaling our car and causing personal injury to me and my husband. This was the second or third offense for this driver and his drivers license had been revoked. Furthermore, the car he was driving was registered to another person. Neither the driver nor the car owner are insured. Is there any way for my husband and me to recover the losses we have incurred? Are there victims funds or anything of this sort that may help us recoup at least the cost of our car? Please help us...we have 3 small children and this has caused us a real financial hardship. My husband has lost time off from work in addition to our car.
3 Answers from Attorneys
Re: Liability of an uninsured DUI driver in an injury accident
There is a criminal injuries compensation fund, but, if it applied to DUI injuries, usually provides such minimal payment that it probably would not adequately compensate you and your family.
You are likely faced with having to file a suit against the driver and owner of the other vehicle if either of them has any assets. Also, if you have an auto insurance policy, it will provide some uninsured motorist coverage that will apply toward payment of any judgment against the other driver
Re: Liability of an uninsured DUI driver in an injury accident
Be sure to check your own insurance policy for um/uim coverage. Unless you signed a written waiver at the time your policy was written you should have this coverage.
Evan Harris
Re: Liability of an uninsured DUI driver in an injury accident
This type of situation occurs all too frequently and the State Legislature really needs to address the fact that, 1. drunk drivers continue to drive when their license is revoked and, 2. there are so many un-insured drivers on the road. This does not help you now, however, if you have any type of un-insured or underinsured motorist coverage on your auto policy, you can still get a recovery from this accident. Also, you may be able to obtain a recovery under the "Criminal Injuries Compensation Act" which allows recovery for some of your losses caused by a drunk driver.