What Happens When a Drunk Driver Hits You?

Being hit by an impaired driver is a crime against you, not just an accident. That opens up rights beyond an ordinary insurance claim.

The criminal case

Police investigate, and prosecutors decide whether to charge the driver with DUI or a more serious offense if someone was injured or killed. As a victim you generally have rights to be informed of hearings, to be heard at sentencing, and to request restitution, a court order for the driver to repay out-of-pocket losses. Contact the prosecutor's victim-witness office. See also what a DUI with injury is.

Your civil claim

Separately, you can claim against the driver for your injuries. The criminal case does not have to finish first, and a conviction is not required to win. Evidence from the criminal case, such as blood alcohol results and the police report, is often very helpful. A civil claim can cover medical bills, lost wages, property damage and pain and suffering.

Punitive damages

Many states allow punitive damages, which punish especially reckless conduct, in drunk-driving cases (Cornell LII). Some states do not allow insurers to pay punitive damages, which can limit what is actually collected.

Claims against the bar or host

Dram shop laws make alcohol sellers responsible for harm caused by intoxicated or underage customers they served. County Health Rankings reports that most states impose this liability by statute, court decision or both. Some states also hold social hosts liable, especially for serving minors. These claims are important when the driver has little insurance, but they often have strict notice requirements and proof rules.

If the driver had little or no insurance

Your own uninsured or underinsured motorist coverage can pay the gap. See what happens if an uninsured driver hits you.

Crime victim compensation

Every state runs a crime victim compensation program, supported by federal funds, that can pay certain medical bills, counseling, lost wages and funeral costs not covered by insurance (34 U.S.C. 20102). DUI crashes typically qualify. Programs have filing deadlines and require cooperation with law enforcement.

Steps to take

1. Get medical care and keep all records.
2. Get the police report and the criminal case number.
3. Contact the prosecutor's victim services office.
4. Notify your insurer.
5. Ask a personal injury lawyer to identify every source of recovery, including any dram shop claim, before deadlines pass.

If a loved one was killed, see wrongful death lawsuits.

Sources

1. Cornell Law School LII: Punitive damages
2. County Health Rankings: Dram shop liability laws
3. 34 U.S.C. 20102, Crime victim compensation
4. National Sheriffs' Association: DUI crime victims brochure