Your Legal Rights After Being Injured in a Drunk Driving Accident in Virginia: Why You Deserve More Than Just Medical Compensation
If you’ve been injured in a drunk driving accident in Virginia, your first thought might be that the insurance company will compensate you fairly for your injuries and damages. However, that’s rarely the case. Insurance companies, whether it’s the at-fault drunk driver’s insurer or your own, operate as businesses — and businesses prioritize their profits over your well-being.
At Bordegaray Injury Law, we’ve witnessed how insurers exploit victims after drunk driving accidents. These companies are trained to minimize payouts, often at the expense of your health, time, and peace of mind. And they’re particularly skilled at manipulating victims into accepting far less than they’re entitled to.
Here’s what you need to understand about your legal rights and how insurance companies may try to avoid fairly compensating you after a drunk driving accident in Virginia:
1. The Legal Protections You May Not Know You Have
Virginia law offers significant legal protections to victims of drunk driving accidents, especially when it comes to punitive damages. These are damages awarded not for your injuries, but to punish the drunk driver’s reckless behavior and deter future incidents.
Most people don’t realize that under Virginia Code Section 8.01-44.5, if the drunk driver’s blood alcohol content (BAC) is 0.15 or higher, the court can award punitive damages. This can be up to $350,000, in addition to any compensation you receive for your injuries. Even if the BAC is lower, the court may still award punitive damages if the drunk driver acted willfully and with reckless disregard for others’ safety.
Unfortunately, insurance companies rarely mention punitive damages to unrepresented victims. Instead, they push to settle quickly based on your injuries alone, ignoring the conduct of the drunk driver — which is often where the real value of your claim lies.
2. The Insurance Tactics You Need to Watch Out For
Insurance adjusters know that drunk driving claims are often worth more than just medical bills and property damage. They know the drunk driver’s conduct — especially if their BAC was 0.15 or above or if the driver had prior DUIs — plays a crucial role in determining the value of your claim. But they also know that many victims are unaware of this and will settle for far less than they deserve.
One common tactic they use is making early settlement offers before the BAC is even determined or before the drunk driver’s actions can be fully investigated. The adjusters hope to settle quickly, while you’re still in the dark about key details that could strengthen your case. By doing so, they avoid having to offer any extra compensation for punitive damages.
3. Why You Should Never Settle Without Knowing the Full Story
The drunk driver’s BAC and behavior directly impact the value of your claim. Insurance companies might try to pressure you into accepting a quick settlement before the full investigation is done, knowing that the criminal case may take months to resolve. Without knowing the BAC, you won’t be able to assess whether punitive damages are available, and you could end up settling your case at a huge discount.
Punitive damages are designed to punish the drunk driver for egregious conduct. If the driver’s BAC is 0.15 or higher, or if the driver had multiple prior DUIs – the potential for these damages increases significantly. Without them, you’re only receiving compensation for your physical injuries, but the full weight of the drunk driver’s actions — their reckless decision to drive under the influence — isn’t accounted for.
4. How Bordegaray Injury Law Can Protect Your Rights
The most important thing you can do is work with an experienced drunk driving accident attorney to ensure you’re fully aware of all your legal options, including punitive damages. At Bordegaray Injury Law, we don’t just help you recover for your injuries — we fight to hold drunk drivers accountable for their reckless behavior.
Bordegaray Injury Law will investigate your accident thoroughly, gather critical evidence like police body cam footage, BAC analysis, and more, and ensure that your claim includes everything you’re entitled to — not just medical costs, but also punitive damages. We understand how insurance companies operate, and we’ll make sure they don’t take advantage of you.
If you or someone you love has been injured in a drunk driving accident in Virginia, don’t wait for the insurance companies to offer you a lowball settlement. Call Bordegaray Injury Law at 757-505-HURT (4878) or visit our Contact Us page for a free consultation. Let us help you fight for what you truly deserve.
