Skip to Content
Free Consultations 888-918-9890

Can You Sue a Drunk Driver for Negligence in a No-Fault State?


In no-fault states, you do not need to prove the liability of another driver in order to recover compensation. You can file a claim with your insurance company and receive benefits if your claim is accepted. Depending on your insurance policy, the payment you receive could be sufficient coverage for your damages.

But if you were injured in a drunk driving accident, you may want to circumvent the no-fault system and hold the driver accountable for their negligence. It is possible to do this and sue a drunk driver (or other liable parties) under certain circumstances.

When Can You File a Lawsuit in a No-Fault State?

The terms of no-fault laws vary between states. No-fault states also have varying qualifications for cases in which a lawsuit against the at-fault driver would be allowed. In general, victims who sustained severe injuries are able to pursue additional damages through a lawsuit. The state of New York defines certain conditions that would qualify a person for a lawsuit against a drunk driver.

You can sue a driver for car accident damages in New York if you sustained serious injuries, including:

  • Broken bones
  • Total disability
  • Substantial organ damage
  • Disfigurement

Third-Party Liability for Drunk Driving Accidents

In some drunk driving accident cases, an entity other than the driver could be liable for damages. Dram shop laws attribute liability for drunk driving accidents to the business that provided the driver with alcohol. Usually, dram shop laws are in effect if the driver was served while visibly intoxicated. It is a bar or restaurant’s responsibility not to overserve their patrons. If their failure to meet this responsibility results in another person’s injuries, the business could be liable for civil damages.

The attorneys of Belushin Law Firm, P.C. can evaluate your case to determine who is liable for your damages, and if you would be able to file a lawsuit in addition to your insurance claim. We are dedicated to holding negligent drivers accountable and recovering just compensation for their victims.

If you are interested in scheduling a free consultation with our legal team, complete our contact form or call (888) 918-9890.