Can I File a Claim Against Someone Else Other Than the Drunk Driver?

After getting hit by a drunk driver in Kentucky, you have the right to file a claim against the driver and recover compensation for your injuries and damages. But what if the driver who hit you does not have insurance or if they have insufficient insurance coverage? If you were injured in a drunk-driving-related accident in Kentucky, and the at-fault driver does not have insurance or has insufficient insurance, you may be wondering if you can file a claim against a third-party, such as the bar that served the driver alcohol and recover compensation for your injuries and damages.

Depending on the circumstances, you may be eligible to file a claim against someone else other than the drunk driver. Kentucky’s “dram shop” laws can help you recover the compensation you deserve for your injuries and damages. Read on to learn more.

Kentucky’s Dram Shop Laws

The term “dram shop” refers to an establishment that sells or serves alcohol. Therefore, a bar, liquor store, or restaurant can be referred to as a dram shop. Dram shop laws hold a business responsible for selling or serving alcohol to a person below the legal drinking age or an intoxicated person if that person causes an accident that results in property damage, injury, or death. Most states in the U.S. have laws that allow businesses to be held liable for selling or serving alcohol to people who cause accidents that result in property damage, injury, or death due to their intoxication.

Under Kentucky’s dram shop laws, a business can be held liable when a customer causes an accident that results in property damage, injury, or death if the customer is under the legal drinking age or was visibly intoxicated at the time they were served.

Damages Recoverable in a Kentucky Dram Shop Claim

If you file a dram shop claim, you can recover compensation for all your accident-related damages, including medical expenses, lost wages, and property damage. You could also be able to recover punitive damages in a dram shop claim.

Do You Need an Attorney for a Dram Shop Claim?

Dram shop claims can be complex. A dram shop claim is far more involved. Therefore, it is best that you retain the services of a qualified attorney if you have a valid dram shop claim. If you suffered injuries because alcohol was served to a driver below the legal drinking age or who was visibly intoxicated, you need to reach out to an attorney as soon as possible. An attorney can help you file a dram shop claim, gather evidence that can help support your claim, and recover the compensation you deserve for your injuries and damages. Remember, just as it is with any other personal injury claim, you have a limited time to file a dram shop claim. Therefore, do not wait to reach out to an attorney.

Contact a London Auto Accident Attorney

If you suffered injuries in an alcohol-related accident in Kentucky, our London auto accident attorneys at Cessna & George Law Firm are here for you. We can help you recover the compensation you deserve.

Source:

apps.legislature.ky.gov/law/statutes/statute.aspx?id=42540#:~:text=(1)%20The%20General%20Assembly%20finds,upon%20himself%20or%20another%20person