When you need compensation after a drunk driving crash, the most logical step to take is usually a claim against the drunk driver. You can make a claim against their insurance coverage for your losses. You could also take them to civil court if their insurance falls short of the long-term financial consequences you suffer from the crash.
Sometimes, drivers in New York pursue alternate options for compensation. They bring a dram shop claim against a bar or restaurant that serves alcohol to the driver prior to the collision. Why do people sometimes file dram shop claims against businesses instead of taking action against the drunk driver at fault for the wreck?
The driver doesn’t have insurance or doesn’t have enough
Someone irresponsible enough to get behind the wheel after drinking might also be irresponsible enough to drive without a valid license or insurance on their vehicle. There are plenty of others with very low levels of coverage that will fall short of your costs if you suffer a major injury, like a spinal cord injury.
Although people can make claims against their own coverage if they carry uninsured and underinsured motorist protection, they may not want to deal with the financial consequences of bringing a big claim against their own policy. A dram shop claim helps those hurt by a driver without insurance or enough coverage pay for their crash-related expenses.
They need the kind of coverage available through business insurance
Someone who suffers multiple fractures, disfiguring wounds, a brain injury or a spinal cord injury might have hundreds of thousands of dollars in lifetime losses related to a drunk-driving crash. Insurance and personal injury claims against the driver may not be enough to reimburse someone for all of those losses.
Businesses that serve alcohol tend to have liability insurance policies of their own, which can be a crucial supplement for someone facing a lifetime of medical expenses or lost wages.
They want to change the way the business operates
Businesses that don’t follow the laws about alcohol endanger the public. There’s a reason that the state doesn’t want young people drinking or establishment serving someone who is already visibly drunk. Taking the business to court might motivate management to change their staff and more carefully monitor how the employees handle alcohol service.
Pursuing a dream shop after a drunk driving crash in New York can provide both monetary compensation and a sense of justice for the person hurt in the crash.