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Yes, in some cases. Punitive damages punish rather than repay a loss. In Taylor v. Superior Court, California's Supreme Court held that someone who drinks to intoxication knowing they'll drive may be found to show "a conscious disregard of the safety of others." They need clear and convincing proof (Civil Code §3294), and no insurer can pay them, so they come out of the driver's own pocket.

Driving drunk doesn't void the driver's liability coverage for your losses, up to its limit (Peterson v. Superior Court). If there's no coverage or not enough, your uninsured motorist coverage can cover your injury losses, and underinsured coverage can top up what the driver's insurer paid, to your own limits. Neither covers a punitive award. If the driver borrowed the car, its owner may also be responsible, usually up to $15,000 for one person, or more if they knew the driver was unfit to drive.

For medical bills and lost pay, yes. California generally bars an uninsured driver or vehicle owner from recovering for pain and suffering after a crash. The exception: if the uninsured car was yours and you were injured by a driver convicted of DUI for that crash, that bar doesn't apply (Civil Code §3333.4).

Usually not. California law puts the blame on the person who drank, not on whoever served the drinks, so bars, restaurants and stores and social hosts are generally shielded. The exceptions involve drinkers under 21: a seller who served an obviously intoxicated minor (Business and Professions Code §25602.1), and an adult who knowingly gave alcohol to someone under 21 in their own home.

No. A civil case uses a lower standard of proof than a criminal one: more likely true than not (Evidence Code §115). If the driver broke the DUI law and that caused the crash, the law presumes they were negligent (Evidence Code §669), conviction or not. And the usual two-year deadline to sue keeps running while the criminal case goes on.

A DUI that injures someone may be charged as either a misdemeanor or a felony. A first conviction can bring a state prison term or 90 days to one year in county jail, plus a fine of $390 to $1,000 and a suspended license (Vehicle Code §23554). A judge may instead grant probation, which still includes at least five days in jail (§23556). The court also orders the driver to repay victims' economic losses (restitution), which is separate from your own claim. If a drunk driver killed someone you love, our wrongful death page explains the family's claim.

Often, yes, against the driver and their insurance: Peterson v. Superior Court was brought by a passenger. If you knew the driver had been drinking, the insurer may argue you share the blame, and under California's comparative fault rule an award is reduced by that share.

Nothing upfront. Your consultation is free, and no attorney's fees are owed unless we recover compensation for you. You may be responsible for case-related costs and expenses; we'll explain them before you sign.