When a person finds themselves involved in a DUI accident, there is a lot of confusion—especially when it comes to insurance payouts. New York has a nuanced system of insurance designed to handle claims from all sorts of car accidents, including DUI accidents. In this post, the team at Gabriel Law will step into the shoes of a car accident lawyer in Queens and break down how insurance works with DUI accidents in NYC.
What is a DWI?
DWI is the acronym used to describe the offense of driving while intoxicated. According to Article 31, Section 1192 (2) of the New York Vehicle and Traffic Law, a person is not allowed to drive a motor vehicle if their blood alcohol level is 0.08% or above. The blood alcohol level is to be proved by a chemical test of their blood, urine, or saliva under New York law.
A person guilty of DWI and other related offenses will face a range of punishments, including mandatory fines, jail sentences, and the suspension of driving privileges. For example, a person found guilty of Aggravated Driving While Intoxicated (Agg DWI) will have to pay a mandatory fine between $1000 and $2500, have their driver’s license revoked for at least one year, and even face up to 1 year in jail.
How does insurance apply to NYC DWI accidents?
Since New York is a no-fault state, you can apply to your Personal Injury Protection (PIP) insurance to cover your immediate medical expenses, up to 80% of lost wages, and other related expenses. Any fault you bear in the accident will not impact compensation under your PIP insurance. Under standard no-fault insurance, you can claim up to $50,000 in compensation, with the option to claim more, provided you have supplementary coverage.
However, if you are partially to blame for an accident, New York’s pure comparative negligence rule states that any compensation they claim must be reduced by the percentage of the fault attached to them. This means that if you are claiming compensation from the other party’s liability insurance and you are partially to blame, your compensation will be reduced to represent your fault in the accident.
How will the DWI impact my insurance?
When it comes time to renew your insurance, the insurance company can reclassify you as a “high-risk” driver and increase your premiums—sometimes by hundreds or thousands. Alternatively, it is also possible that they refuse to renew your insurance. In such situations, if you feel like you are being unfairly persecuted, then you need to get in touch with a car accident lawyer in the Bronx and discuss your legal options.
Conclusion
If you have been injured in a DWI accident in New York, insurance can help cover costs such as medical expenses, lost wages, and other connected expenses. However, if you are looking to claim extra compensation from the other party, your success can be impacted by the fault you bear in the accident. If you are the offender, a DWI charge can lead to several punishments and significantly impact your insurance.
At Gabriel Law, we handle all sorts of car accident cases, including DWI accidents. With over five decades of collective experience, we’ve helped clients protect their rights and get the compensation they deserve. If you ever find yourself in need of legal representation, then give us a call to schedule your free consultation. We are ready to help you fight for what is rightfully yours.