Over the Limit and Underinsured

November 07, 2010

Earlier this year, an 18-year-old woman leaving a dance party in Fresno rolled her Chevy Trailblazer on its side after making an abrupt left turn across two lanes of traffic and hitting the center divider. The SUV was struck by a Greyhound bus; six people were killed in the crash and nearly two dozen were injured. According to Fox News, the California Highway Patrol says the woman was driving under the influence of alcohol at the time of the crash.

According to the California Department of Motor Vehicles, the number of alcohol-involved car accident fatalities increased every year from 1,072 in 1998 to 1,597 in 2006. In 2006, there were 197,248 arrests for driving under the influence (DUI). In an effort to get tough on repeat offenders, the state legislature recently unanimously passed a bill serving up stiffer penalties for drivers with more than three DUI offenses.

Ten-Year Revocation Period for Multiple Offenders

The National Highway Traffic Study Administration (NHTSA) says that one third of DUI arrests are of repeat offenders. More than 300,000 Californians have three or more DUI arrests. More than 44,000 people in California have five or more DUI arrests.

Assembly Bill 1601 authorizes judges to revoke drivers licenses for ten years for people with three or more DUI convictions in a 10-year period. This is an increase from the current law, which allows license revocation for a period of three years for someone with three or more DUI convictions. Governor Arnold Schwarzenegger is expected to sign the bill, reports The Daily Journal.

Targeted at habitual, repeat DUI offenders, the bill is supported by the California Highway Patrol, California District Attorneys Association and California State Sheriff's Association, among others. AB 1601 author, state assemblyman Jerry Hill, cites William Scott Simon as his inspiration for the bill, dubbing him the "poster child" of drunken drivers. Simon, of Belmont, is currently serving prison time for his eighth DUI; a breath test showed his blood-alcohol content to be .22 percent, almost three times the legal limit. He had received a four-year license suspension for his seventh DUI, in 2004.

Uninsured and Underinsured Motorist Coverage

The purpose of the Compulsory Financial Responsibility Law in California is to ensure that every driver and owner of a vehicle is financial responsible for any damage or injury caused by an accident, and to remove financially irresponsible drivers from the roads. Every owner or driver of a vehicle must maintain one of the required forms of financial responsibility, including:
- Coverage under a motor vehicle or automobile liability insurance policy with bodily injury coverage of at least $15,000 for death or injury per person per accident and at least $30,000 for all persons per single accident and also property damage coverage of at least $5,000 for any single accident
- A cash deposit of $35,000 with the Department of Motor Vehicles (DMV) or a surety bond for $35,000 obtained from an insurance company licensed to do business in California
- A certificate of self-insurance issued by the DMV to owners of fleets of more than 25 vehicles

However, the Insurance Journal says that the studies estimate that between 22 and 25 percent of California's 26 million registered drivers are uninsured; in parts of Los Angeles, the numbers may be closer to 50 or even 75 percent of drivers. The Personal Insurance Federation estimates that there are three to four million drivers without licenses, operating unregistered vehicles and, who are by extension, uninsured.

Uninsured Drunk Drivers

By some estimations, uninsured drivers were ten times more likely to have DUI convictions. These drivers face hefty fines and potential prison time for these violations. As a result, there may frequently be no money to compensate victims of drunk driving accidents; these accident victims must rely on their own insurance.

Medical bills can accrue quickly and easily exceed the minimum coverage requirements. Expenses that are beyond the coverage limits will be shouldered by the accident victims out of their own pockets. Costs for a broken bone can average more than $10,000 and surgical and associated expenses can reach six figures. The Washington Post says a nationwide study shows that 62 percent of all bankruptcies filed in 2007 were linked to medical expenses.

Although the accident may be out of their hands, keeping higher insurance limits helps potential victims protect themselves against the financial devastation that a drunk driving crash could impose. Uninsured or underinsured motorist coverage is often inexpensive, but can end up saving drivers, passengers or pedestrians thousands.

Those who have been injured at the hands of a drunk driver should contact an experienced personal injury attorney. A lawyer may be able to demand compensation from the drunk driver who caused the accident or the insurer. Protecting financial interests can empower the victim to move forward as well as providing freedom from worry over medical expenses.

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