What Are My Rights If I Was Hit by a Drunk Driver?

What Are My Rights If I Was Hit by a Drunk Driver?

Getting hit by a drunk driver isn’t just another accident; it’s shocking, frustrating, and often deeply unfair. One moment you’re driving like normal, and the next you’re dealing with injuries, car damage, and a situation you never asked for. If this just happened to you (or even if it’s been a few months), you’re probably wondering: What do I do now, and what are my rights? Here’s what you need to know, in plain terms.

Your Rights After a Drunk Driving Accident in Montana

In Montana, if a drunk driver caused your accident, the law is on your side. You have the right to pursue compensation for both the financial and personal impact this has had on your life.

You may be entitled to recover:

• The cost of the medical treatment you have received
• The cost of medical treatment you will need in the future
• Lost income, including future lost income
• Pain and Suffering
• Emotional Distress
• Damage to your vehicle or other personal property
• Other potential categories of damages (depending on the specific facts of your case)

Because alcohol is involved, Montana courts may also allow for punitive damages, which are meant to hold the drunk driver accountable beyond just covering your losses.

You also have the right to:

• File a claim against the at-fault driver’s insurance
• Use your own uninsured/underinsured motorist coverage if needed
• Take legal action if a fair settlement isn’t offered
• Refuse early settlement offers that don’t reflect the full impact of the accident

What to Do After Being Hit by a Drunk Driver

Right after an accident, adrenaline kicks in, and a lot of people go into “handle it later” mode. That’s completely normal, but there are a few things that can really protect you if you take action sooner rather than later.

• First, if you or anyone else involved in the accident requires immediate medical attention, call 911 and request emergency personnel. Even if you believe no one involved in the accident requires immediate medical attention, you should still contact law enforcement’s non-emergency line or 911 to report the accident. This allows law enforcement to investigate the accident to evaluate both the cause of the accident and issue any necessary criminal citations.
• Second, make sure you listen to your body and get yourself checked out with medical providers if you are hurt, even if you think the injuries are minor or will simply “go away.” Many serious injuries are not immediately obvious, and it is important that you are evaluated by appropriate medical specialists so you know the true extent of your injuries.

From there, it helps to stay organized. You don’t need anything fancy, just keep everything in one place:

• Medical records and bills
• Photos from the scene
• Vehicle repair estimates
• Emails or calls from insurance companies

One of the biggest mistakes people make is trusting insurance companies too quickly. Even in drunk driving cases, adjusters are trained to minimize payouts. It’s okay to slow things down, ask questions, and understand what’s being offered before agreeing to anything. And maybe most importantly, don’t downplay what you’re going through. A lot of Montanans are used to being tough and pushing through hard situations. But if this accident has disrupted your life, that matters.

Why Drunk Driving Cases Are Different

Not every accident is treated the same under the law, and drunk driving cases tend to carry more weight (for good reason). When someone chooses to drive under the influence, they are knowingly putting others at risk. That creates a stronger legal position for you as the victim. In many cases, this means:

• Liability is clearer
• There may be additional evidence (like BAC levels or an arrest)
• Compensation can be higher than in a typical accident
• The driver may face both criminal charges and civil responsibility

Even with that, it doesn’t mean the process is automatic or easy. Insurance companies may still try to settle quickly for less than what your case is worth, especially if you’re overwhelmed or unsure of your options.

You Don’t Have to Handle This Alone

After something like this, it’s normal to feel overwhelmed or even unsure if you’re “making too big a deal” out of it. You’re not. If this accident has affected your health, your ability to work, or your day-to-day life, it’s worth getting answers and understanding your options. At Rimrock Law, we’ve helped people across Montana navigate situations just like this. We know this isn’t just about a claim, it’s about getting your footing back after something that shouldn’t have happened in the first place. If you have questions or just want to talk through what comes next, we’re here when you’re ready. Contact us today for a team that is on your side.