If you or a loved one has been seriously injured in a car accident caused by a drunk or drug-impaired driver in New York, it’s important to know your rights and the steps to take to protect your health, finances, and legal claim.
At D’Orazio Peterson, we often help people navigate these difficult situations, and we want to make sure you’re informed from the start. Here’s what to do immediately after an accident involving an intoxicated or drug-impaired driver.
1. Call the Police Immediately
The first and most important step is to call 911. It’s critical that a police report is filed at the scene of the accident. If the other driver is intoxicated or under the influence of drugs (including marijuana, which is now legal for recreational use in New York), they may be issued tickets or even arrested.
This documentation can play a major role in establishing liability later—whether you’re negotiating with insurance companies or pursuing a personal injury lawsuit. The police report will include the other driver’s insurance information, identify witnesses, and note any signs of impairment.
2. Notify the Prosecutor
After the accident, your attorney should contact the local District Attorney’s office handling the driver’s tickets. If your case involves a serious injury, the DA should be made aware.
Why does this matter? In New York, a prosecutor might be tempted to offer a quick plea deal for minor offenses. But when someone has been seriously hurt, it’s crucial to ensure the at-fault driver isn’t allowed to plea their way out of responsibility. If the driver pleads guilty or admits fault, it can help strengthen your case down the road.
3. Notify Insurance Companies – Including Yours
You’ll need to notify not just the other driver’s insurance company, but your own as well. In New York, you may be eligible to file a Supplemental Uninsured/Underinsured Motorist (SUM/UM) claim through your own insurance policy.
Here’s why this is important: Many drunk or drugged drivers carry minimal insurance—$25,000 or $50,000 in coverage is not unusual. But if your injuries require surgery, long-term treatment, or prevent you from working, those limits may not be enough to cover your losses.
If your auto insurance policy includes SUM or UM coverage, you may be able to recover additional compensation beyond what the at-fault driver’s insurance provides.
Tip: Check your “Declarations Page” in your auto insurance policy to see your SUM/UM limits. If they’re low, consider increasing them—you’ll be glad you did if you’re ever involved in a serious accident with an underinsured driver.
4. Get Medical Treatment Immediately
No matter how minor your injuries may seem at first, always seek medical treatment right away. Not only is this vital for your health, but it also creates an official record of your injuries, which is essential if you decide to pursue a legal claim.
Ongoing care is also important. Follow your doctor’s advice and continue treatment as needed to ensure a full recovery and to support your injury claim.
Final Thoughts
Being hit by a drunk or drugged driver can be traumatic, painful, and financially devastating. But taking the right steps immediately after the accident can help protect your rights and ensure you get the compensation you deserve.
If you have any questions or need help after an accident involving an impaired driver in New York, don’t hesitate to reach out to D’Orazio Peterson. You can contact us via our website, give us a call, or message us on any platform where you’re reading or watching this.