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If the other driver was intoxicated

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Updated: 4/13/2007 6:36 pm
If you're injured in an accident in which the other driver was intoxicated, you need evidence of this fact. Generally, the police obtain this evidence as part of the crime investigation, but whether or not the police are involved, you need the other driver's name and insurance details, and you should try to obtain this information at the scene of the accident, if possible. If the police aren't involved, get the names of any witnesses who can support your claim that the other driver was intoxicated. You should contact an attorney as soon as possible. If you aren't able to get the name and insurance details of the other driver, an attorney can usually help you obtain police records and initiate settlement negotiations with the other driver's insurance company. If the settlement from the insurance company is inadequate, you can file a civil lawsuit against the other driver claiming medical and other expenses as well as damages. In some states, you can also sue the establishment where the driver was drinking prior to the accident. If the other driver wasn't insured, it's still possible to file a civil action against the offender. Even if he or she has no insurance and no money to pay a damages award, you may be able to obtain compensation from a crime victim compensation fund in your state. These victim compensation funds don't pay damages, but can cover actual medical and other expenses up to a certain amount.
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