What Happens to Your Claim When a Drunk Driver Hits You?
A crash caused by an impaired driver is frightening and, legally, unusually well documented: police respond, evidence is collected and a criminal case may follow. That helps your claim. It also means two systems will contact you, on different schedules, about overlapping losses.
What the law requires of you at the scene
- Stop, and exchange names, addresses, driver's license numbers, VINs, the registered owner's address and insurance details with the other driver (Vehicle Code 16025).
- If anyone is hurt, give your details, show your license on request and help get the injured person to medical care (Vehicle Code 20003).
- File an SR 1 with the DMV within 10 days if anyone was injured or killed or any one person's property damage exceeds $1,000, whoever caused it (Vehicle Code 16000).
Track one: the insurance claim
- Report it to your own insurer the same day, even if the other driver is clearly at fault.
- Open a claim with the other driver's insurer once you have their details. Expect a call from their adjuster; you can ask for questions in writing.
- Use your own coverage where it is faster. Collision repairs your car now; medical payments coverage, if you carry it, pays reasonable bills regardless of fault.
- If they have no insurance, or too little, your uninsured or underinsured motorist coverage is the route for injuries. Insurance Code section 11580.2 requires one of three steps within two years of the accident: a lawsuit against the driver, an agreement on the amount, or a written arbitration demand by certified mail.
Track two: the criminal case
The prosecution belongs to the state, not to you, but you have a role. Penal Code section 1202.4 says a crime victim who suffers an economic loss should receive restitution directly from the convicted defendant, and that the court shall order it, enforceable as if it were a civil judgment. Keep a full ledger of medical bills, lost wages and repair costs; you may be asked for it during the case.
How the two tracks fit together
| Stage | Insurance claim | Criminal case |
|---|---|---|
| First days | Report, photos, medical care, repair estimate | Arrest and police report |
| Weeks to months | Adjuster investigation, repairs, treatment | Charges and court dates |
| Later | Settlement within policy limits, or UM/UIM | If convicted, a restitution order for economic losses |
Do not let the slower criminal case pause your claim. The UM deadline and your policy's notice requirements keep running.
Who will contact you
Expect calls from your own adjuster, the impaired driver's insurer, and possibly someone from the prosecutor's office who works with victims. Each needs different things: your adjuster needs the facts and your coverage decisions, the other insurer needs proof of your losses, and the criminal case may need your loss records for restitution. Keep one folder that serves all three.
Things worth knowing
- Fault. California's principally-at-fault rules presume you were not principally at fault when the other driver, and not you, was convicted of a moving violation in connection with the accident.
- If you were uninsured. Proposition 213 normally bars uninsured owners from pain-and-suffering damages, but Civil Code section 3333.4 makes an exception when the at-fault driver was convicted of DUI for that crash.
- Limits. A driver's liability limit can be far below the harm done. Your own UM and UIM limits are what stand behind that gap.
If anyone was seriously hurt, talking to a lawyer early is sensible. To make sure your UM and UIM limits are there for the next time, request a quote with higher limits.
Where this comes from
Get this quoted for your situation
Free quotes from multiple carriers, prepared by a licensed California agent. Two minutes, no obligation.
Get My Free QuoteMore of what callers ask
Do I have to wait for the DUI case to finish before my insurance claim?
No. The insurance claim runs separately, and your policy's notice requirements and the two-year UM deadline keep running while the criminal case moves.
What is restitution in a DUI case?
Penal Code section 1202.4 directs the court to order a convicted defendant to repay the victim's economic losses. The order is enforceable like a civil judgment.
What if the drunk driver had no insurance?
Your uninsured motorist coverage is the route for injuries, and collision for your car. A restitution order may also follow a conviction.
Will this claim count against me?
Under California's principally-at-fault rules, you are presumed not principally at fault when the other driver, and not you, was convicted of a moving violation for the accident.