{"id":353081,"date":"2017-02-13T18:09:15","date_gmt":"2017-02-13T23:09:15","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/car-accidents\/i-was-hit-by-a-drunk-driver-who-is-liable.html"},"modified":"2025-09-26T18:06:56","modified_gmt":"2025-09-26T23:06:56","slug":"i-was-hit-by-a-drunk-driver-who-is-liable","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/car-accidents\/i-was-hit-by-a-drunk-driver-who-is-liable.html","title":{"rendered":"I Was Hit by a Drunk Driver: What Am I Entitled To?"},"content":{"rendered":"\n
\n

I Was Hit by a Drunk Driver: What Am I Entitled To?<\/h1>\n\n
\n
\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n

If you are hit by a drunk driver<\/span>, you are entitled to seek compensation for your injuries and financial losses<\/span> through a personal injury<\/span> claim<\/span> or lawsuit. This compensation, known as damages, typically covers medical expenses<\/span>, lost wages<\/span>, vehicle repairs, and pain and suffering<\/span>. You may also be awarded punitive damages<\/span> for the drunk driver<\/span>\u2019s reckless behavior<\/span>.<\/p>\n\n <\/div>\n\n\n\n

Drunk driving accidents<\/span> are some of the most serious types of motor vehicle accidents<\/a>. One driver is under the influence of alcohol or drugs, while the other is an unsuspecting victim. In most instances, the sober driver suffers the brunt of the impact.<\/p>\n

In most car accidents<\/span>, the victims\u2019 injuries<\/a> are minor. They may suffer a few scrapes or whiplash, but can walk away from the crash relatively unscathed. This isn\u2019t often the case when a drunk driver<\/span> hits<\/span> you.<\/p>\n

The question many drunk driving accident<\/span><\/a> victims have is how much they can recover in their personal injury<\/span> claim<\/span>. Every case is unique, so there is no way to know precisely what your case is worth. When you meet with your personal injury<\/span> attorney<\/span><\/a> for the first time, they can explain the types of damages<\/span> you may recover.<\/p>\n

This article explains what to expect from your car accident<\/span> settlement. It also explores the types of damages<\/span> you can demand in your personal injury<\/span> lawsuit<\/span><\/a> and the factors that impact your settlement amount<\/span>.<\/p>\n

If you or a loved one<\/span> has been hurt in a hit-and-run<\/span> or drunk driving accident<\/span>, contact an experienced <\/span>personal injury<\/span> attorney<\/span><\/a> right away. They\u2019ll review your case and let you know if legal action<\/span> is your best option.<\/p>\n

The Insurance Company<\/span> May Pay Your Claim<\/h2>\n

When you\u2019ve been in a drunk driving accident<\/span>, one of the first steps to take after calling the police and getting medical attention<\/span> is reporting the incident to your insurance company<\/span>.<\/p>\n

You must provide the insurance carrier with all the relevant details of the accident, including the fact that the other driver was intoxicated. In many states, you may need to contact the other driver\u2019s insurance company<\/span> as well. Their insurance company<\/span>\u2019s goal is to pay out as little as possible. They may deny your claim<\/a> outright or only agree to pay part of your claim.<\/p>\n

If this happens, you can appeal your claim. However, given that the same person will handle the appeal as handled your initial claim, there is a good chance the company will still deny your claim. If this happens, you can sue the other driver<\/a> personally for damages.<\/p>\n

There is also the chance that the drunk driver<\/span>\u2019s <\/span>insurance<\/span> policy<\/span><\/a> doesn\u2019t cover your losses. If that\u2019s the case, filing suit will be your only option.<\/p>\n

Most accident victims choose to have their attorney negotiate with the insurance company<\/span><\/a> on their behalf. They have experience dealing with big insurance companies<\/span> and won\u2019t be intimidated by them.<\/p>\n

Damages You Can Demand in Your Car <\/span>Accident<\/span> Case<\/span><\/h2>\n

In any car accident<\/span> lawsuit, you can demand compensation<\/a> for the financial losses<\/span> you experience from the crash. While your damages may be higher in a drunk driving case<\/span>, that doesn\u2019t mean the damages you recover differ from those of an ordinary car accident<\/span>.<\/p>\n

When your personal injury<\/span> lawyer<\/span> files your initial complaint, they must include a demand for damages. Damages is the legal term for the fair compensation<\/span><\/a> you receive for any injuries or other losses you suffer in your car crash.<\/p>\n

In most personal injury<\/span> cases<\/span><\/a>, your attorney will demand some (or all) of the following:<\/p>\n