Can a bar be held accountable for a drunk driver causing an accident/
Question Details:
Can we file suit against bar for damage to our car resulting a drunk patron leaving/
An establishment which serves alcohol can indeed be liable for damages caused by and to a patron who should have been "flagged" but continued to be served, and then left the establishment in a state which was the cause of the accident or incident which resulted in the damage, whether it be property damage or personal injuries. I am assuming you are asking this question because 1) the drunk driver was uninsured or did not have sufficient insurance to reimburse your property damage. Othewise, you should just get it from his or her insurance company, rather than putting yourself to the added aggravation of going after the bar in this case. 2) you have no insurance to cover the property damage to your car. If you do have collision coverage, you might consider going to them, even if you have a deductible and let them pay the expense of litigating the matter for subrogation of what they pay out. This is the common practice in PA, and companies routinely arbitrate these issues amongst themselves. They then recover the money and reimburse you your deductible from the recovery.
The only logical reason for going after the bar would be due to the circumstances outlined above, and if there was insurance coverage, because the damages so far exceeded the policy limits, that one had to seek recourse from additional defendants. Generally, one should try to keep it simple...let the insurance companies fight these things out...this is what you pay your insurance premiums for!!!
In a situation like this, you should only go to an attorney if you have to...many attorneys will suggest that you file such a claim in small claims court on your own, rather than incur the expense of attorney fees in pursuing this type of matter. The staff at these offices are often quite helpful to the litigants in processing the claims without legal counsel.

Yes. The bar is liable for negligence for the property damage to your vehicle caused by the drunk driver. The bar has a duty of care to prevent its drunken patrons from causing injury to others.

The responsibility for a drunk driving accident may go beyond the drunk driver. People who served an obviously intoxicated person or an underage drinker alcohol may be held accountable through what are known as "dram shop" laws. Dram shop liability refers to the responsibility of the tavern, restaurant or other business that sells or provides alcohol to an obviously intoxicated person or a minor who then causes harm to another. These laws vary widely by state in regards to serving alcohol to an intoxicated person. Most states hold the retailers who know or should have known they are selling alcohol to obviously intoxicated people or minors accountable.
At this point you should consult with an attorney in you area as to all of this.


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