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Does Auto Insurance Cover Accidents Caused by "High" Drivers?

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Recreational marijuana use became legal in Colorado on January 1, 2014. Evidence suggests that the demand for legal recreational marijuana has never been higher, and many states are following in Colorado’s path to legalize non-medicinal cannabis for personal use.

However, while using marijuana may be legal in Colorado, this does not mean that it is okay to drive high. Just as people cannot legally drive under the influence of alcohol, people also cannot legally drive under the influence of marijuana. Nonetheless, many people are still making the poor decision to drive high, and data from the Insurance Journal suggest that, “the frequency of collision claims per insured vehicle year rose a combined 6 percent following the start of retail sales of recreational marijuana in Colorado [and other states].” 

Seeking Financial Compensation After a Marijuana-Involved Auto Accident in Colorado

If you have been injured in an accident involving a driver who was under the influence of marijuana, you probably have lots of questions. Our Denver auto accident attorney can help. For example, does auto insurance cover accidents caused by high drivers? If so, how can you prove that the driver who hit you was under the influence of marijuana at the time of the crash?

Auto Insurance Does Cover Marijuana-Involved Accidents

Just as auto insurance provides coverage for accidents involving alcohol, it also provides coverage for accidents involving marijuana. This is true for all types of insurance coverage, including:

  • Bodily injury liability (BIL) – The at-fault driver’s insurance that pays for your medical expenses, lost income and other losses.
  • Property damage liability – The at-fault driver’s insurance that pays for the damage to your vehicle and personal items.
  • Medical payments coverage (Med Pay) – Insurance under your policy that helps cover your medical expenses regardless of fault in the accident.
  • Uninsured/underinsured motorist (UIM) coverage – Insurance under your policy that provides fault-based coverage in the event that the high driver is uninsured or his or her coverage limits are inadequate to cover your losses.

When dealing with the aftermath of an auto accident, especially one involving a driver who was high, you need to be careful when communicating with the insurance companies. In fact, while you can (and should) report the accident to your insurer right away, you should not do anything else with regard to your insurance claim until you speak with an experienced personal injury attorney.

Proving that the Driver Who Hit You was High

So, insurance covers marijuana-involved accidents. Now, how can you prove that the driver who hit you was high? Depending upon the circumstances involved, there could be various sources of evidence available. From the police report to the driver’s own statements at the scene of the accident or on social media, there are numerous potential ways to prove that a driver was under the influence of marijuana. Once again, the best way to protect your rights is to speak with an experienced attorney promptly.

Speak With a Denver Auto Accident Attorney Today

We are a personal injury law firm that represents victims of vehicle collisions and other accidents. If you were injured in an accident involving a driver who was high and would like to learn more about how our Denver auto accident attorney can help you assert your legal rights, we encourage you to call 303-333-8000 or contact us online for a free initial consultation.

May 8th, 2020 | Posted by paperstreet, on Accident Attorney

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