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If a Drunk Driver Damaged My Car Will My Auto Insurance Pay?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Apr 9, 2026

Read Time: 4 mins

Police are constantly on the lookout for signs of impaired drivers. Despite strict laws and harsh penalties for drunk driving, alcohol plays a significant role in accidents in New York and New Jersey. Nearly 11,000 deaths were attributed to alcohol-impaired driving crashes in 2017. In addition to fatalities and serious personal injuries, there is also the issue of significant property damage.

If a drunk driver hits your vehicle and damages it, will your auto insurance cover the cost of repairs?

Yes, if you carry sufficient uninsured/underinsured motorist (UM/UIM) coverage. However, even with this coverage, insurance companies can be uncooperative when it comes to paying out the full value of your property.

That is why it is helpful to seek guidance from a skilled car accident lawyer who can investigate your case and fight for the most favorable outcome. Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. attorneys leverage decades of experience helping people maximize their recovery. There are time limits for pursuing compensation in an auto accident claim. The sooner you contact us, the better your chances of success.

Uninsured and Underinsured claims

Both New Jersey and New York have no-fault insurance rules. This means your auto insurance carrier is responsible for compensating you up to your policy limits– for property damage and related medical expenses. However, what happens if your car is totaled and the cost of repairs surpasses the limits of your policy?

For example, let’s say you purchased $50,000 UM/UIM coverage. While your car was parked, a drunk driver sideswipes it, causing over $20,000 in damages. This repair bill exceeds your coverage limits by $10,000, but your UIM policy kicks in to make up the difference.

Even if you have faithfully paid your insurance premiums for years, your insurance company is not necessarily on your side. After all, they are in the business of making money, not protecting their clients. Negotiating a UM / UIM claim takes the knowledge and resources of a qualified attorney.

Basic auto insurance requirements for NY and NJ

The following are the minimal requirements for auto insurance in New York and New Jersey. Motorists are encouraged to purchase higher policy limits if they are financially able to do so.

New York

$25,000 per person, $50,000 per accident for bodily injury
$50,000 per person, $100,000 per accident for death
$10,000 property damage liability
$25,000 per person for uninsured/underinsured motorist liability; $50,000 per accident

New Jersey

$15,000 per person for bodily injury or death, or $30,00o per accident
$5,000 for property damage liability
$15,000 in personal injury protection (PIP) and up $250,000 for certain injuries
$15,000 (Optional) uninsured/underinsured motorist

What other remedies are available?

If you and the DUI offender are both uninsured, you will find it nearly impossible to recover for any property damages. However, if the accident caused “serious injury,” then you may be eligible to file a personal injury lawsuit against the drunk driver, assuming they have assets.

In some cases, third parties may also be sued for damages. Under New York’s Dram Shop laws, victims can take legal action against a restaurant, bar or store employee who sold alcohol to the person who hit you if they were under the age of 21, or “visibly intoxicated.”

The state of New York also imposes a “host” liability law, which allows victims of underage drunk drivers to sue hosts who provided the underage motorist with alcohol.

To prove either of these types of claims, it is vital to retain a capable attorney who can begin investigations right away.

Legal help from Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

The car accident lawyers of Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. represent clients throughout Rockland County, New York, and Bergen County, New Jersey. If your vehicle was damaged by a drunk driver, or you were injured in a crash, we invite you to reach out for a free, no-obligation consultation.

Our legal team can help you seek full and fair compensation and get your life back on track. There is no risk since our services are offered on a contingency basis, meaning there are no fees until we secure money damages in your claim.

Why Trust Us?

150+ Reviews

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Client Reviews

    
 
 
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   LWelsh 
 9 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 30 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 94 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 97 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 103 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 109 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 132 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 145 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 152 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 155 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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