Criminal Defense Lawyers

What if I’m hit by a DUI driver with no insurance?

What to Do If You’re Hit by an Uninsured DUI Driver

Being involved in a car accident is always a stressful and traumatic experience. But when the at-fault driver is under the influence of alcohol or drugs AND doesn’t have insurance, it can feel like a complete nightmare. At Spodek Law Group, we understand how overwhelming and frustrating this situation can be. Our experienced attorneys are here to help guide you through the legal process and fight for the compensation you deserve.If you’ve been hit by a drunk driver with no insurance, you’re likely feeling angry, scared, and unsure of what to do next. You may be facing mounting medical bills, lost wages from time off work, and significant property damage – all through no fault of your own. The good news is that you DO have legal options, even when dealing with an uninsured DUI driver. In this article, we’ll break down everything you need to know about protecting your rights and seeking compensation in this challenging scenario.

Understanding Your Rights as a Victim

As the victim of a drunk driving accident, you have certain legal rights that are protected under the law. It’s crucial to understand these rights so you can take the proper steps to safeguard your interests. Here are some of the key rights you should be aware of:

Right to Seek Compensation

Even if the at-fault driver has no insurance, you still have the right to pursue compensation for your injuries and damages. This can include medical expenses, lost wages, pain and suffering, property damage, and more. An experienced attorney can help you explore all avenues for recovering damages.

Right to File a Lawsuit

You have the legal right to file a civil lawsuit against the drunk driver to seek compensation. While they may not have insurance, you can still potentially recover damages from their personal assets.

Right to Criminal Victim Compensation

Many states have victim compensation funds to help those impacted by DUI accidents. As the victim of a drunk driving crash, you may be eligible to receive financial assistance through these programs.

Right to a Police Report

You have the right to obtain a copy of the police report from the accident. This report can be crucial evidence to support your case.

Right to Medical Treatment

You have the right to seek immediate medical attention for your injuries, regardless of your ability to pay. Your health and wellbeing should be the top priority.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

Right to Legal Representation

Perhaps most importantly, you have the right to hire an attorney to represent your interests and fight for fair compensation on your behalf. At Spodek Law Group, we’re committed to protecting the rights of DUI accident victims.Understanding and exercising these rights is essential for protecting yourself legally and financially after being hit by an uninsured drunk driver. Our experienced attorneys can help ensure all your rights are upheld throughout the legal process.

Steps to Take After the Accident

The actions you take immediately following the accident can have a major impact on your ability to recover compensation later on. Here are the key steps we recommend taking if you’re hit by an uninsured DUI driver:

1. Call the police immediately. A police report documenting the accident and the driver’s intoxication is crucial evidence.
2. Seek medical attention right away. Even if you don’t think you’re seriously injured, some injuries may not be immediately apparent.
3. Gather evidence at the scene. Take photos of vehicle damage, injuries, road conditions, etc. Get contact info for any witnesses.
4. Do not accept any money from the driver. This could jeopardize your ability to seek full compensation later.
5. Do not admit fault or apologize. Anything you say could potentially be used against you.
6. Contact your own insurance company. Report the accident, but don’t give a recorded statement without speaking to an attorney first.
7. Keep detailed records. Document all medical treatment, expenses, missed work, etc. related to the accident.
8. Consult with an experienced attorney ASAP. The sooner you have legal representation, the better protected your rights will be.

Taking these steps can help preserve important evidence and strengthen your potential case against the uninsured drunk driver. At Spodek Law Group, we’re available 24/7 to provide guidance on what to do after an accident. Don’t hesitate to reach out – we’re here to help!

Options for Recovering Compensation

When you’re hit by an uninsured DUI driver, it may seem like your options for compensation are limited. However, there are still several potential avenues we can pursue to help you recover damages. Here are some of the main options our attorneys explore:

1. Your Own Uninsured Motorist Coverage

If you have uninsured motorist (UM) coverage as part of your auto insurance policy, this can be a primary source of compensation. UM coverage is designed specifically to protect you in situations where you’re hit by an uninsured driver. It can help cover medical expenses, lost wages, pain and suffering, and other damages up to your policy limits.

2. Personal Injury Lawsuit Against the Driver

Even if the drunk driver has no insurance, you can still file a civil lawsuit against them personally. While they may not have insurance to cover damages, we can potentially recover compensation from their personal assets or future earnings. This may involve garnishing their wages or putting liens on their property.

3. Dram Shop Liability

In some cases, we may be able to hold the bar, restaurant, or other establishment that served alcohol to the drunk driver liable under dram shop laws. If they knowingly over-served an obviously intoxicated person, they could share responsibility for the accident.

4. Employer Liability

If the drunk driver was on the job at the time of the accident, their employer could potentially be held liable under the doctrine of respondeat superior. This allows us to pursue damages from the company’s insurance policy.

5. Victim Compensation Funds

Many states have crime victim compensation funds that provide financial assistance to DUI accident victims. While these typically have caps on payouts, they can help cover medical bills and lost wages.

6. Health Insurance

Your health insurance can help cover your medical expenses related to the accident. We can work with your insurance company to ensure all eligible treatments are covered.

7. MedPay Coverage

If you have Medical Payments (MedPay) coverage on your auto insurance policy, this can help pay for your medical bills regardless of who was at fault.

8. Underinsured Motorist Coverage

In addition to UM coverage, underinsured motorist (UIM) coverage can provide additional compensation if the at-fault driver’s insurance (if any) is insufficient to cover your damages.At Spodek Law Group, we leave no stone unturned when it comes to seeking compensation for our clients. We’ll thoroughly investigate all potential sources of recovery to maximize your compensation. Call us today at 212-300-5196 to discuss your options.

The Importance of Uninsured Motorist Coverage

One of the most valuable protections you can have on your auto insurance policy is uninsured motorist (UM) coverage. This type of coverage is specifically designed to protect you in situations where you’re hit by a driver with no insurance – like in a DUI accident scenario. Here’s why UM coverage is so crucial:

Financial Protection

UM coverage provides a safety net to help cover your medical bills, lost wages, and other damages when the at-fault driver has no insurance to compensate you. Without it, you could be left footing the bill for expenses that weren’t your fault.

Covers Hit-and-Run Accidents

In addition to uninsured drivers, UM coverage typically applies in hit-and-run accidents where the at-fault driver flees the scene. This is particularly relevant in DUI cases where intoxicated drivers may panic and leave the accident site.

Relatively Inexpensive

Compared to other types of auto insurance coverage, UM coverage is generally quite affordable. The peace of mind it provides is well worth the modest additional premium.

Protects You as a Pedestrian or Cyclist

UM coverage doesn’t just apply when you’re in your car. It also protects you if you’re hit by an uninsured driver while walking, biking, or even as a passenger in someone else’s vehicle.

Covers All Household Members

Your UM coverage typically extends to all members of your household, providing protection for your entire family.

Higher Limits Available

While state minimums for UM coverage are often low, you can usually purchase higher limits for more comprehensive protection. We recommend getting the highest limits you can reasonably afford.

Stackable in Some States

In some states, you may be able to “stack” UM coverage from multiple vehicles on your policy, effectively increasing your total coverage limit.At Spodek Law Group, we strongly encourage all our clients to carry robust UM coverage. It’s an invaluable safeguard against scenarios exactly like being hit by an uninsured drunk driver. If you’re unsure about your current coverage, we’d be happy to review your policy and advise on any gaps in protection. Give us a call at 212-300-5196 to learn more.

The Legal Process for Uninsured DUI Accident Claims

Navigating the legal process after being hit by an uninsured DUI driver can be complex and overwhelming. At Spodek Law Group, we guide our clients through every step to ensure their rights are protected and they receive fair compensation. Here’s an overview of what you can expect:

1. Initial Consultation

The process begins with a free consultation where we’ll review the details of your case, assess your options, and explain how we can help. This is your chance to ask questions and get a clear understanding of the road ahead.

2. Investigation

Our team will conduct a thorough investigation of the accident, gathering evidence such as police reports, witness statements, medical records, and any available surveillance footage. We’ll also look into the drunk driver’s background and assets.

3. Filing Insurance Claims

We’ll handle all communication with insurance companies, including filing claims with your own insurer for uninsured motorist coverage if applicable. We’ll ensure all deadlines are met and proper documentation is submitted.

4. Negotiation

Once we’ve built a strong case, we’ll enter into negotiations with the relevant parties. This could include your own insurance company, the drunk driver’s attorney (if they have one), or other potentially liable parties like a bar that over-served the driver.

5. Filing a Lawsuit

If a fair settlement can’t be reached through negotiation, we’ll file a lawsuit on your behalf. This involves drafting and filing a complaint in court detailing your injuries and damages.

6. Discovery

During the discovery phase, both sides exchange information related to the case. This may involve written questions (interrogatories), requests for documents, and depositions (sworn out-of-court testimony).

7. Mediation or Arbitration

Many cases are resolved through alternative dispute resolution methods like mediation or arbitration before going to trial. We’ll represent your interests throughout these proceedings.

8. Trial

If necessary, we’re fully prepared to take your case to trial. Our experienced litigators will present a compelling case to the judge or jury, fighting for the full compensation you deserve.

9. Appeal

If the outcome of the trial is unsatisfactory, we can file an appeal to a higher court if there are grounds to do so.

10. Collection

Once a settlement or verdict is reached, we’ll work diligently to collect the compensation you’re owed. This may involve garnishing wages, placing liens on property, or other collection methods.Throughout this entire process, our team at Spodek Law Group will be by your side, keeping you informed and advocating fiercely for your rights. We understand how stressful and emotionally draining a legal battle can be, especially when you’re also dealing with injuries and recovery. That’s why we handle all the legal heavy lifting, allowing you to focus on healing and moving forward with your life.Don’t try to navigate this complex process alone. With our experienced attorneys on your side, you can feel confident that your case is in good hands. Call us today at 212-300-5196 to get started on your road to recovery and justice.

Potential Damages You Can Recover

When you’re hit by an uninsured DUI driver, you may be entitled to various types of compensation for your losses and suffering. At Spodek Law Group, we fight tirelessly to ensure our clients receive full and fair compensation for ALL damages they’ve incurred. Here are some of the main types of damages we may pursue on your behalf:

It’s important to note that the specific damages you may be eligible for will depend on the unique circumstances of your case. Our experienced attorneys will carefully evaluate all aspects of your situation to identify every potential avenue for compensation. We understand that no amount of money can truly make up for the trauma and suffering you’ve endured. However, fair compensation can provide crucial financial support as you recover and rebuild your life after a devastating accident.At Spodek Law Group, we’re committed to maximizing the compensation our clients receive. We have a proven track record of securing substantial settlements and verdicts for victims of drunk driving accidents. Don’t settle for less than you deserve – let us fight for your rights and your future. Call us today at 212-300-5196 for a free consultation to discuss your case and learn how we can help.

Why You Need an Experienced Attorney

Dealing with the aftermath of being hit by an uninsured DUI driver is not something you should face alone. The legal complexities, insurance issues, and potential for significant financial losses make it crucial to have an experienced attorney on your side. Here’s why hiring a skilled lawyer from Spodek Law Group is so important:

1. Expertise in Relevant Laws

DUI accident cases involving uninsured drivers require in-depth knowledge of various areas of law, including personal injury, insurance, and criminal law. Our attorneys have the expertise to navigate these complex legal waters effectively.

2. Maximizing Compensation

We know how to identify all potential sources of compensation and build a strong case to maximize your recovery. Without legal representation, you risk settling for far less than you deserve.

3. Handling Insurance Companies

Insurance companies are notorious for trying to minimize payouts. We have extensive experience dealing with insurers and won’t let them take advantage of you.

4. Proving Liability

In DUI cases, proving the other driver’s intoxication and negligence is crucial. We know how to gather and present evidence effectively to establish liability.

5. Negotiation Skills

Most cases are settled out of court through negotiation. Our skilled negotiators know how to advocate for your best interests and secure favorable settlements.

6. Trial Experience

If your case does go to trial, you want attorneys with proven courtroom experience. Our litigators are prepared to fight for you in front of a judge and jury.

7. No Upfront Costs

We work on a contingency fee basis, meaning you pay nothing unless we win your case. This allows you to get quality legal representation without financial risk.

8. Peace of Mind

Knowing you have a dedicated legal team handling your case allows you to focus on your recovery and moving forward with your life.

9. Avoiding Mistakes

The legal process is full of potential pitfalls that could jeopardize your case. We guide you through every step to ensure you don’t make costly errors.

10. Faster Resolution

With our resources and experience, we can often resolve cases more quickly than if you tried to handle things on your own.At Spodek Law Group, we’re not just lawyers – we’re advocates, fighters, and compassionate allies for our clients. We understand the physical, emotional, and financial toll a drunk driving accident can take on victims and their families. That’s why we’re committed to providing personalized, aggressive representation to ensure justice is served and you receive the compensation you need to rebuild your life.Don’t leave your future to chance. With the stakes this high, you need a legal team with a proven track record of success in cases just like yours. Call Spodek Law Group today at 212-300-5196 for a free consultation. Let us put our experience, resources, and dedication to work for you.