Getting hit by a drunk driver is already a crisis. Figuring out what to do next shouldn’t make it worse. The decisions you make in the hours and days after the crash directly affect what you can recover — and how hard you’ll have to fight to get it. Here is exactly what to do, in order.
8 Steps to Take After Being Hit by a Drunk Driver
1. Call 911 Immediately
Do not negotiate with the other driver. Do not accept a private settlement offer at the scene. Call 911 right away. A police report documenting the crash — especially one that includes the officer’s observation that the other driver appeared impaired, or a DUI arrest — is foundational evidence for your claim. Without it, proving the other driver was drunk becomes significantly harder.
Stay at the scene until officers arrive and make sure a report is filed. Ask the officer for the report number before you leave.
2. Get Medical Attention That Same Day
Go to the emergency room or urgent care even if you feel okay. Adrenaline masks pain. Symptoms from whiplash, concussions, and internal injuries frequently don’t appear until 24 to 72 hours after the crash. If you wait several days before seeing a doctor, the insurance company will argue that your injuries weren’t caused by the accident — or weren’t serious enough to warrant immediate treatment. Same-day or next-day medical records make that argument much harder.
3. Document the Scene Before Leaving
If you’re physically able, photograph everything: vehicle positions, damage to both cars, skid marks, road conditions, traffic signals, and any visible injuries. Get the other driver’s name, license number, insurance information, and license plate. Get contact information from any witnesses before they leave. The scene changes quickly once vehicles are moved.
4. Request the Police Report as Soon as It’s Available
Police reports from DUI crashes typically become available within a few days. Obtain a copy as soon as you can. If the other driver was arrested for DUI, that arrest — and any subsequent conviction — becomes a powerful piece of evidence in your civil claim. Criminal proceedings and civil claims are separate, but they often overlap in timing and evidence.
5. Notify Your Own Insurance Company — Carefully
You generally have a contractual obligation to notify your insurer promptly after an accident. Do it, but keep the call brief. State the basic facts of the crash. Do not give a recorded statement, speculate about fault, or describe your injuries in detail until you’ve spoken with an attorney. Anything you say can be used to limit your recovery.
6. Do Not Accept Any Early Settlement Offer
Drunk driving cases frequently involve serious injuries, and insurance companies know early offers are their best chance at closing claims cheaply. An offer that arrives within days of a crash almost never reflects the full value of your injuries, future medical needs, or lost wages. Once you accept and sign a release, you cannot go back for more — even if your condition worsens.
7. Preserve All Evidence
Save everything: medical bills and records, prescription receipts, documentation of missed work, photographs of your injuries as they evolve, and any communications from the insurance company. Keep a journal of your pain levels and how the injury is affecting your daily life. This documentation builds the non-economic damages portion of your claim — the pain, suffering, and disruption that doesn’t come with a receipt.
8. Hire a Drunk Driving Accident Attorney
Drunk driver cases are among the most valuable personal injury claims because they often support punitive damages — compensation designed not just to make you whole, but to punish the at-fault driver for reckless conduct. Insurance companies defend these cases aggressively because the exposure is high. Working with an experienced drunk driving accident attorney from the start means you have someone managing the evidence, the insurance negotiation, and the litigation timeline — while you recover.
What Drunk Driving Accident Claims Are Worth
Drunk driver cases routinely settle for more than comparable accidents caused by sober drivers. The reason is punitive damages: in many states, a driver’s decision to get behind the wheel while intoxicated constitutes conduct so reckless that courts allow juries to add punishment-focused damages on top of compensation. Not every case reaches trial, but the threat of punitive exposure is a real settlement lever.
The factors that most directly affect what your case is worth:
- The severity and permanence of your injuries
- Whether the drunk driver was arrested and charged with DUI
- Available insurance coverage — both the at-fault driver’s policy and your own uninsured/underinsured motorist coverage
- Your documented wage loss and future earning capacity impact
- The strength of liability — a BAC well above the legal limit strengthens punitive claims
Cases involving serious injury often settle in the six-figure range. Cases that go to verdict — particularly where the driver had a high BAC or a prior DUI — can produce significantly larger awards. Discussing the specific facts of your case with a car accident attorney is the only way to get an honest number for your situation.
How Drunk Driving Cases Differ From Standard Car Accident Claims
Beyond punitive damages, drunk driver cases have a few practical differences worth knowing. The criminal case against the driver runs parallel to your civil claim and can produce evidence — toxicology reports, breathalyzer results, the arrest record — that is useful in your civil case. A DUI conviction is admissible in most civil proceedings and significantly advances your liability argument.
Additionally, average car accident settlements don’t fully capture the upper end of what drunk driver cases produce. When both insurance coverage and punitive exposure are significant, experienced attorneys litigate these cases rather than accepting early lowball offers.
Finally, dram shop liability may apply if the drunk driver was served at a bar or restaurant after showing signs of intoxication. Depending on the state, the establishment that served them can share liability — which opens an additional source of recovery beyond the driver’s own insurance limits.
Frequently Asked Questions
What if the drunk driver didn’t have insurance?
Your own uninsured motorist coverage steps in when the at-fault driver has no insurance or insufficient coverage. UM coverage is specifically designed for this situation. If you don’t have UM coverage, you may still have options — your attorney can evaluate third-party claims, dram shop liability, and any other available defendants.
Can I sue for punitive damages even if the driver wasn’t convicted?
Yes. Criminal conviction and civil liability are independent standards. In civil court, you must show the driver was more likely than not intoxicated and that the intoxication caused your injuries — not that guilt was proven beyond a reasonable doubt. A DUI arrest or failed field sobriety test, without a final conviction, can still support a punitive damages claim in your civil case.
How soon do I need to file a lawsuit?
Personal injury statutes of limitations vary by state, typically ranging from one to three years from the date of the accident. In some states, additional time-related rules apply to DUI cases specifically. Missing the deadline eliminates your right to sue permanently. Speaking with a personal injury lawyer early preserves all your options.
