Partner at AKD Lawyers
Practice Areas: Personal Injury
Drunk driving accidents can lead to serious injuries, financial stress, and plenty of confusion, especially when it comes to who pays for the damages. One of the most common questions victims ask is: “Does insurance cover a DUI accident?” The short answer is often yes, but the process isn’t always straightforward. Insurance companies may still challenge claims, even when the driver was clearly intoxicated.
This post explains how insurance coverage works in DUI-related accidents, your legal rights in Louisiana, and what to do if your claim is denied or underpaid.
How Insurance Typically Handles DUI Accident Claims
If you were hurt in a crash caused by a drunk driver, the at-fault driver’s insurance is usually responsible for covering your damages.
Most auto insurance policies do not exclude liability coverage for accidents involving intoxicated drivers. This means their insurance should still apply, even if they were arrested or convicted of DUI.
However, insurance companies don’t always make things easy. They may try to reduce their payout or argue that other factors were to blame for the accident.
They often use delay tactics, offer low settlements, or even deny valid claims in DUI-related crashes. That’s why understanding the process—and your coverage options—is critical.
If the drunk driver is uninsured or underinsured, you may need to turn to your policy through uninsured/underinsured motorist (UM/UIM) coverage to get compensated.
Proving Fault in a Drunk Driving Accident
Even when a driver is intoxicated, it’s not automatically assumed they caused the crash. Under Louisiana law, you still need to prove they were at fault. That means establishing that their intoxicated driving directly led to the accident.
Louisiana follows a comparative fault system, which means fault can be shared between multiple drivers. If you are found partially at fault, your compensation can be reduced by your percentage of responsibility.
To establish fault, the following elements must be proven:
Duty: Every driver must operate their vehicle responsibly and follow traffic laws.
Breach: Driving under the influence of alcohol or drugs is a clear breach of that duty.
Causation: You must show that the driver’s intoxication directly caused the crash.
Damages: You must have suffered actual harm, such as injuries, vehicle damage, or lost income.
According to Louisiana’s comparative fault system (La. Civ. Code Art. 2323), if the injured party is determined to be partially at fault, compensation may be lowered.
Proving these elements often requires police reports, BAC test results, crash photos, medical records, and witness statements.
What Happens If the Insurance Company Denies Your DUI Claim?
It’s not uncommon for insurance companies to delay or deny DUI accident claims. They may try to minimize their financial responsibility by arguing:
- You were partially at fault
- Your injuries aren’t as severe as reported
- There were pre-existing conditions
- Insufficient documentation supports your claim
In some cases, the at-fault driver’s policy limits may not be enough to cover your full damages. When that happens, you may need to:
- Use your own PIP or MedPay coverage
- File under your UM/UIM policy
- Pursue a personal injury lawsuit
Past insurance payouts in DUI-related crashes vary by case, but having legal representation can significantly improve the chances of a full recovery.
When negotiations with the insurance company stall, a personal injury attorney can help you challenge the denial or file a lawsuit against the drunk driver.
Filing a DUI Accident Insurance Claim: What You Should Do
After an accident involving a drunk driver, your actions in the moments and days that follow can directly affect your insurance claim. Here’s a breakdown of the essential steps you should take.
Steps to Take After a Drunk Driving Accident
|
Step |
Action |
Why It’s Important |
| 1 | Call 911 and report the accident | Ensures law enforcement creates a report and documents intoxication |
| 2 | Seek medical attention | Medical records serve as evidence for injury claims |
| 3 | Collect evidence | Photos, BAC results, and witness statements prove fault |
| 4 | Notify your insurance provider | Initiates your own claim process and preserves policy rights |
| 5 | Consider legal consultation | Helps protect your rights and maximize compensation |
The Financial and Legal Impact of Drunk Driving in Louisiana
Drunk driving continues to be a significant cause of injury and loss of life in Louisiana. Victims of these crashes often face long-term medical care, loss of work, and emotional trauma.
According to the CDC, nearly 30 people in the United States die every day in crashes involving a drunk driver — that’s one person every 45 minutes.
The National Highway Traffic Safety Administration (NHTSA) estimates that drunk driving accidents cost the US economy more than $44 billion a year.
In Louisiana, the ripple effects are felt in hospitals, courtrooms, and households every day. Insurance is supposed to help victims recover, but many claimants find themselves battling adjusters instead of healing. That’s why knowing your rights—and your legal options—is essential after a DUI crash.
Frequently Asked Questions
Does insurance cover DUI accidents in Louisiana?
Yes, liability insurance usually covers damages caused by a drunk driver. However, insurers may still try to reduce or deny claims, so documentation and evidence are essential.
Can I file a claim if I was partially at fault in a DUI crash?
Yes. Under Louisiana’s comparative fault rule, you can still recover damages, but your percentage of fault may reduce your compensation.
Will the drunk driver’s insurer try to deny my claim?
It’s possible. Insurers may dispute the severity of injuries, claim you were partly at fault, or challenge documentation. Gathering strong evidence is key.
What if the drunk driver doesn’t have enough insurance?
You may turn to your own uninsured/underinsured motorist (UM/UIM) policy or pursue a personal injury lawsuit for additional compensation.
Do I need a lawyer to file a DUI accident claim?
Not legally required, but having a lawyer helps you handle insurance negotiations, gather evidence, and strengthen your case, especially if your injuries are severe.
What damages can I claim after a drunk driving accident?
Depending on the case specifics, you can typically recover medical expenses, lost wages, vehicle repairs, and non-economic damages like pain and suffering.
Conclusion: Know Your Rights and Take Action
When a drunk driver causes an accident, the physical and financial consequences can be devastating. While insurance may cover many of these costs, getting fair compensation is often more difficult than it should be.
In Louisiana, victims of DUI accidents have a right to pursue compensation, but they must prove fault, document damages, and be ready to push back if their claim is delayed or denied. Knowing your rights and taking the proper steps early can make a big difference in your recovery process.
If a drunk driver has injured you or someone you love, the team at Alvendia, Kelly & Demarest Accident Injury Lawyers is here to help. With experience handling DUI-related personal injury claims in New Orleans and across Louisiana, without the burden of going it alone, our lawyers can help you get the damages you are lawfully entitled to.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
