Will the Drunk Driver’s Insurance Pay for My Injuries?

Being hit by a drunk driver is a traumatic experience, and once the initial shock fades, most victims have one major question: Who is going to pay for this? Between hospital bills, lost wages, and long-term recovery, the financial toll can be just as overwhelming as the physical one. If the other driver was clearly intoxicated, it’s natural to assume their insurance will cover your costs — but the answer isn’t always so simple.

In Alaska, drunk driving is a serious offense with both criminal and civil consequences. While criminal charges focus on punishing the offender, civil claims — like a personal injury lawsuit — focus on compensating the victim. Understanding how insurance coverage works in these cases is key to protecting your rights and getting the compensation you deserve.

Yes, the Drunk Driver’s Insurance Can Be Held Responsible

In most drunk driving accidents, the impaired driver’s insurance is the primary source of compensation. If they have liability coverage — which is required by law in Alaska — it should pay for your medical bills, property damage, and other losses, up to the policy limits. However, it’s important to remember that insurance companies don’t automatically pay out just because their policyholder was at fault, even if they were arrested for DUI.

To receive compensation, you still need to prove two things:

• The other driver was at fault for the crash
• You suffered actual damages (physical, emotional, or financial)

This is where working with a skilled attorney becomes crucial. Insurance companies may try to minimize your claim or offer a quick settlement that doesn’t reflect the full extent of your injuries. Don’t assume they’ll do the right thing just because their driver was drunk.

What If the Drunk Driver Doesn’t Have Enough Insurance?

Unfortunately, not every driver carries adequate insurance — and some carry none at all. In Alaska, the minimum liability coverage required by law is:

• $50,000 for injury or death of one person
• $100,000 for injury or death of more than one person
• $25,000 for property damage

If your medical expenses alone exceed these limits, you may be left with significant unpaid costs. In that case, there are a few options:

• Uninsured/Underinsured Motorist Coverage (UM/UIM): If you have this on your own auto policy, it can step in to cover the gap.
• Personal Injury Lawsuit: You can sue the drunk driver personally for the remaining damages. Whether this is worthwhile depends on their assets and ability to pay.
• Third-Party Liability: In some cases, a bar or restaurant that overserved the driver could also be held liable under Alaska's dram shop laws.

Our drunk driving accident attorneys can help you explore every available avenue to recover what you're owed. These cases are often complex and require an in-depth look at insurance policies, police reports, and sometimes even expert witnesses.

What Damages Can You Recover?

If the drunk driver’s insurance accepts liability — or if you win a claim or lawsuit — you may be eligible to recover compensation for a wide range of damages, including:

• Medical expenses (past and future)
• Lost wages or loss of future earning capacity
• Pain and suffering
• Property damage
• Emotional distress
• In some cases, punitive damages

Punitive damages are not available in every case, but they are sometimes awarded when the driver’s behavior was especially reckless — such as when driving with a high blood alcohol concentration (BAC) or after prior DUI convictions. These damages are meant to punish the driver and send a message that this kind of behavior won't be tolerated.

Call Curtis W. Martin After a Drunk Driving Accident

Even though the drunk driver’s insurance is technically responsible, don’t expect them to make it easy. They may delay, dispute your injuries, or try to get you to settle fast for far less than you deserve. What you do in the first few days and weeks after the crash can make or break your case.

Here are a few steps you can take to protect yourself:

• Get medical attention immediately — and follow through with all recommended care
• Request a copy of the police report
• Keep all documentation, including medical records, bills, and repair estimates
• Don’t give a recorded statement to the insurance company without legal advice
• Contact a personal injury attorney with experience in drunk driving cases

These steps help create a strong foundation for your case and increase the chances of a full and fair recovery.

If you’ve been injured by a drunk driver in Alaska, don’t let an insurance company decide what your case is worth. Let us step in and fight for you.

Contact us today to speak with an attorney who will work to hold the drunk driver accountable and pursue every dollar you’re entitled to.