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The criminal case and your injury claim
A DUI crash usually leads to two separate cases. The criminal case is the government against the driver. Your injury claim is you against the driver and their insurance. The criminal case does not pay your medical bills, and your claim and its deadlines do not wait for the criminal case to end. Start your claim while the evidence is fresh.
Still, the criminal case matters. Police reports, breath or blood test results and any guilty plea or conviction can help prove fault in your claim. Keep the case number and ask the prosecutor’s office or victim services how to follow it. Victim services can also explain what the criminal court process looks like for you and your family.
Whose insurance pays
The drunk driver’s liability insurance is the first place to look. Many drivers carry low limits; for California policies issued or renewed on or after January 1, 2025, the minimum is $30,000 for one injured person (Vehicle Code 16056). If the driver was on the job, the employer is generally liable for crashes within the scope of employment (CACI 3700).
If the driver had no insurance, your uninsured motorist coverage may pay for your injuries; California policies include it unless the policyholder signed a written waiver (Insurance Code 11580.2). If they had too little, see underinsured motorist claims. If the driver borrowed the car, the owner may be liable within set limits (Vehicle Code 17150).
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How DUI rules affect who can recover
California’s Proposition 213 limits pain and suffering damages for some people hurt in crashes. An injured driver who was convicted of DUI for the crash cannot recover non-economic damages, and neither can an uninsured owner or a driver who cannot show the required insurance (Civil Code 3333.4). Economic damages like medical bills and lost wages remain recoverable in each of these situations.
There is an exception that matters here: an uninsured vehicle owner hurt by a driver who was convicted of DUI for that crash can still recover non-economic damages. So if you owned the uninsured car and the drunk driver is convicted of DUI for the crash, you may still be able to claim pain and suffering. Read claims when you have no insurance.
Fault and evidence
California uses pure comparative fault (Li v. Yellow Cab Co.). Even in a DUI crash, the insurer may argue you were speeding or distracted to reduce what it pays. Any share of fault that is yours reduces your damages in proportion. Photos, witness statements and the police investigation help keep the focus on the drunk driver’s conduct.
Evidence can also include receipts or video from where the driver was drinking. Whether a bar or host can be held responsible depends on the facts and the law; a lawyer can check. A driver in an injury crash must stop and help, and leaving is a crime (Vehicle Code 20001). If the driver fled, see hit and run in California.
What to do now
Get medical care right away and follow your doctor’s plan. Ask the officer for the report number and the name of the agency. Photograph the scene, the cars and your injuries. Get witness names and phone numbers. Keep a folder with claim numbers, bills and receipts for medicine, rides and lost work. Start with the first steps after a crash.
Do not give a recorded statement to the driver’s insurer or sign a release before you talk to a lawyer. Remember the two-year deadline in California; in Washington the general deadline is three years (RCW 4.16.080). Call Beverly Law at (310) 552-6959 or use the form on this page, and we can track the criminal case for you.
- Get medical care and follow up if symptoms change.
- Take photos of the vehicles, the scene and your injuries.
- Write down witness names and phone numbers.
- Keep every claim number and adjuster name in one place.
- Do not sign a release or give a recorded statement before talking to a lawyer.
- Save receipts for medical care, medicine, rides and car rentals.
Common questions
Can I sue a drunk driver who hit me?
Yes. You can bring an injury claim against the driver and their insurance, and in some cases against an employer or the car’s owner. The criminal case is separate. In California, an injury lawsuit generally must be filed within two years, even if the criminal case is still going.
Do I have to wait for the DUI case to finish?
Usually you can start your insurance claim right away. Evidence from the criminal case can help, and a lawyer can track it for you. Waiting for a conviction before doing anything can put your filing deadlines at risk, so get advice early.
What if the drunk driver has no insurance?
Your own uninsured motorist coverage may pay for your injuries. In California, within two years you must sue the driver, settle with your insurer or formally start arbitration in writing by certified mail. MedPay and health insurance can help with bills while the claim is pending.
Does a DUI conviction help my case?
It can be strong evidence that the driver was at fault. It also matters under California’s Proposition 213: an uninsured owner hurt by a driver convicted of DUI for the crash can still recover pain and suffering. Your lawyer can get the court records for you.
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If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Car accident not my fault: what to do · Car accident not my fault: do I call my insurance? · Do I pay my deductible if the accident wasn’t my fault? · Will my insurance rates go up if I wasn’t at fault? · What to do after a car accident in California · All car and truck accident questions
Sources
- Cal. Code Civ. Proc. § 335.1
- Cal. Veh. Code § 16056(a)(2), (d) (as amended by SB 1107, Stats. 2022, ch. 719); Cal. Ins. Code § 11580.1(b)(1)
- CACI Nos. 3700, 3701, 3720; Cal. Civ. Code § 2338
- Cal. Ins. Code § 11580.2(a)(1)-(3), (b)(1)-(2), (f)
- Cal. Veh. Code §§ 17150, 17151(a)
- Cal. Civ. Code § 3333.4(a)(1)-(3), (b), (c); Hodges v. Superior Court (1999) 21 Cal.4th 109 (upholding statute)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, 828-829; CACI No. 405
- Cal. Veh. Code §§ 20001(a)-(b), 20003(a)-(b)
- RCW 4.16.080(2)
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.