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Most people assume the drunk driver who hit them will simply pay for the harm they caused. Then they learn the driver carried a bare-minimum policy, or none at all. That gap is where drunk driving cases are quietly won or lost.
If an impaired driver hurts you in Lakewood Ranch, a drunk driving accident attorney in Lakewood Ranch at Legler, Murphy & Battaglia, LLP can track down every source of payment, including coverage you may not realize you have. We have represented injured people across Southwest Florida since 1989.
Your job is to recover. Sorting out who pays is ours. Free case review: 941-251-1370.
Not sure where your crash leaves you?
Call our office at 941-251-1370 for a free case evaluation.
Key Takeaways
- Florida only requires drivers to carry limited coverage — a serious DUI crash often causes injuries worth far more than the at-fault driver’s policy will pay.
- Uninsured and underinsured motorist coverage on your own policy can fill the gap when the drunk driver’s insurance runs out.
- Drunk driving is one of the situations where Florida allows punitive damages on top of compensatory damages.
- The filing deadline for most DUI injury claims is two years under Florida Statute 95.11.
Will the Drunk Driver’s Insurance Actually Cover Your Injuries?
Sometimes, but not always fully, and that is the first thing to find out. A serious DUI crash often causes injuries worth far more than the at-fault driver’s policy will pay.
Florida only requires drivers to carry limited coverage, and impaired drivers are not known for buying more. When the medical bills climb past those limits, the driver’s insurance runs out and your losses do not stop. This is exactly why an early look at every available policy matters so much, and it is a big part of what our Lakewood Ranch car accident attorneys do on any serious crash. The point is simple: the driver’s policy is a starting place, not the finish line.
What If the Drunk Driver Had No Insurance?
You may still be covered through your own auto policy. Uninsured and underinsured motorist coverage, known as UM or UIM, is protection you buy for yourself, and it pays when the at-fault driver cannot.
Many people carry this coverage without remembering it, and it can be the difference between a full recovery and a fraction of one. It steps in when a drunk driver has no insurance, took off, or carried limits that do not come close to your bills. Reviewing your own policy is one of the first things we do, because the answer often surprises people. If more than one policy applies, we work to stack them correctly so nothing available is left on the table.
Not sure what your own policy covers? Call 941-251-1370 and we will read it with you.
How Do We Show the Other Driver Was Impaired?
We build it from the record the crash and arrest created. In a DUI case, that evidence is usually strong, and it carries real weight in your civil claim.
The pieces include the crash report, the officer’s notes, any field sobriety results, and breath or blood readings, along with witnesses and any nearby video. We move to secure them quickly, since footage can vanish within weeks. That proof does more than establish fault. It also shapes how seriously the insurer treats the claim from the start.
What Are Punitive Damages, and Do They Apply to Your Case?
They are extra damages meant to punish especially reckless conduct, and drunk driving is one of the clearest examples. Most crash claims never qualify. DUI claims often do.
Regular damages repay what you lost, such as medical bills and missed income. Punitive damages sit on top, and they exist to punish a choice like getting behind the wheel drunk. A court must approve pursuing them and Florida sets limits, but the possibility changes how a claim is valued and how hard the insurer fights. It is one more reason not to take an early offer at face value.
How Long Do You Have to File a Drunk Driving Claim in Florida?
Generally two years from the date of the crash. Florida Statute 95.11 sets that two-year limit for negligence claims, and once it passes the claim is usually gone for good.
Even inside that window, waiting works against you. Evidence fades, and the insurance picture takes time to untangle. If the crash was fatal, the family should reach our Lakewood Ranch wrongful death attorneys promptly, because those claims carry their own deadline.
Filing deadlines can change and narrow exceptions exist. Confirm your date with an attorney.
Why Drunk Driving Crashes Reach Lakewood Ranch
Lakewood Ranch may feel removed from the nightlife, but the roads that feed it are not. Impaired drivers heading home cut straight through the community’s main corridors.
Drivers leaving bars and restaurants in Sarasota and Bradenton often travel Interstate 75, University Parkway, and State Road 70 to get home, and those are the same roads residents use daily. Impaired driving remains one of the deadliest choices on the road, a concern the National Highway Traffic Safety Administration tracks closely. Cases that do not settle are tried in the 12th Judicial Circuit, and we know how they move.
What a Lakewood Ranch DUI Accident Lawyer Does for You
We find the money, prove the fault, and push the claim to a fair result, in court if needed. From day one we build the case as one a jury may decide.
That means identifying every policy that could pay, securing the impairment evidence, coordinating with your doctors so the record is complete, and taking the insurer to trial when the offer is not fair. For the full range of injury claims in the area, our Lakewood Ranch personal injury attorneys can help.
You pay nothing up front. You don’t pay until and unless we win your case.
Ready to find every source of payment? Call 941-251-1370.
How Is a Drunk Driving Claim Different From an Ordinary Car Accident?
The injuries can look similar, but a DUI claim carries leverage a routine crash does not. Two things set it apart: stronger proof of fault and the chance at punitive damages.
In a typical fender bender, both drivers may share some blame and the fight is about degrees. In a drunk driving case, the impairment usually places fault squarely on one side, backed by an arrest and test results. That, along with the possibility of punitive damages, tends to lift the value of the claim and change how the insurer approaches it. Juries also judge a drunk driver harshly, which strengthens your hand if the case has to go to trial.
Frequently Asked Questions
It should not go up because of another driver’s fault. Florida law limits how a claim for someone else’s negligence can be held against you. We can review your specific policy and explain how a UM claim would work before you file anything.
No, but it helps a lot. An arrest and any test results are strong evidence of fault and can support punitive damages, yet you still have to prove your injuries and losses. That is where medical records and a well-built claim come in.
In most cases, yes, you still have a claim. An injured passenger can generally pursue the driver’s insurance, and depending on the facts, other coverage as well. Being in the vehicle does not make the crash your fault.
No. Your civil claim moves on its own track and does not depend on the outcome of the criminal case. Waiting can actually cost you evidence and risk the filing deadline, so it is better to start early.
Almost never without advice first. Early offers in DUI cases tend to be low, because the insurer knows the claim is strong and wants to close it cheaply. Let a lawyer value the case before you sign anything.
Nothing up front. We work on a contingency fee, so our fee comes from the recovery only if we win, and the first case review is free.
It depends on your injuries and how the insurer behaves. Some claims resolve in months, while serious cases or those that require a lawsuit take longer. We do not rush a settlement before your medical picture is clear, because that is when claims tend to get undervalued.
Talk to a Lakewood Ranch Drunk Driving Accident Attorney Today
A drunk driver took away your say in what happened next. Finding every dollar of coverage is how you take some of it back. Legler, Murphy & Battaglia, LLP has stood up for injured people in Lakewood Ranch and across Southwest Florida since 1989, and your first case review is free.
All Injuries. All The Time.
Call 941-251-1370 now, or reach out online to get started.
