Being involved in a car accident is always stressful, but it can be even more upsetting if the crash was caused by someone driving under the influence of alcohol. If you have been injured in a car accident caused by a drunk driver, you might be wondering: Can I get compensation? The answer is yes, you can, but there are some important things you should know before making a claim.
In this article, I will guide you step-by-step through everything you need to understand about drink driving car accident claims. I will explain the legal drink drive limits, what to do if you are hit by a drunk driver, who can claim, how much compensation you could get, and the time limits involved. By the end, you should feel more confident about your options and how to protect your rights.
What Is the Legal Drink Drive Limit?
Before we get into the claims process, it’s helpful to know the law around drink driving. In England, Wales, and Northern Ireland, the legal limit for blood alcohol concentration (BAC) when driving is 80mg of alcohol per 100ml of blood. This means you should not have more than this amount if you are driving.
In Scotland, however, the limit is lower – 50mg per 100ml. This change was made in 2014 to improve road safety. The lower limit means you can be caught driving drunk at a lower level of alcohol in your blood.
Research has shown that even at blood alcohol levels below the legal limits, the risk of having an accident increases. The government estimated that lowering the drink driving limit could prevent hundreds of injuries and save dozens of lives each year.
If a driver is over the legal limit, they are breaking the law and putting others at risk. This makes it easier to prove liability if you are injured in an accident caused by a drunk driver.
What Should You Do If You Are Hit By a Drunk Driver?
If you have been involved in an accident with a driver who was drunk, it is very important to act quickly and carefully. Here are some steps you should take:
1. Ensure Your Safety and Get Medical Help
First and foremost, make sure you and others involved are safe. Call emergency services if anyone is injured. Even if your injuries seem minor, it is a good idea to get checked by a doctor as soon as possible. Some injuries may not be obvious immediately.
2. Collect Evidence at the Scene
Evidence is crucial in drink driving claims. If you are able to, try to gather as much information as possible at the scene, including:
- Witness details: Ask for names and contact information of any witnesses who saw the accident or the driver behaving erratically.
- Police report: If the police come to the scene, they will usually prepare a report. Ask for a copy or note down the officer’s name and badge number.
- Photographs: Take pictures of the accident scene, your injuries, vehicle damage, and any skid marks or road signs.
- Video footage: Dashcam or CCTV footage can be very helpful if available.
3. Seek Medical Records
Keep a record of all medical treatments, including hospital visits, GP appointments, therapy sessions, and any prescribed medication. These documents will support your claim for injury compensation.
4. Avoid Giving Detailed Statements Without Legal Advice
It’s important not to admit fault or give detailed statements to the other party’s insurer without first getting advice from a solicitor. They can guide you on how to communicate properly to protect your claim.
Who Can Make a Drink Driving Accident Claim?
You might be wondering: Am I eligible to make a claim? The good news is that many people injured in drink driving accidents can claim compensation if they meet certain conditions.
Who Owes You a Duty of Care?
Every road user – whether a driver, pedestrian, cyclist, or passenger – owes a duty of care to others on the road. This means they must take reasonable care to avoid causing harm.
Driving under the influence of alcohol breaks this duty of care because it is dangerous and illegal.
Who Can Claim?
- Drivers injured by a drunk driver: If the other driver was drunk and caused the accident, you may claim compensation for your injuries and losses.
- Passengers: If you were a passenger in the car driven by a drunk driver or another vehicle involved, you can claim for injuries sustained.
- Pedestrians and cyclists: If you were hit or injured by a drunk driver while walking or cycling, you may also be able to claim.
- Other road users: Motorcyclists or anyone else on the road affected by the drunk driver’s actions.
You Must Prove Injury and Liability
It’s important to remember that being in an accident with a drunk driver is not enough on its own. You must also prove:
- You suffered an injury or loss because of the accident.
- The drunk driver was at fault or negligent.
- Your injury was caused by the accident (causation).
If you can show these, you have a strong basis to claim compensation.
Common Types of Accidents Caused by Drunk Drivers
Drunk driving affects a person’s ability to concentrate, react quickly, and judge distances, making accidents more likely. Here are some common accident types linked to drunk drivers:
- Pedestrian accidents: Drunk drivers may fail to notice pedestrians crossing, especially at night.
- Head-on collisions: Drunk drivers may drift into oncoming lanes or lose control.
- Rear-end collisions (rear shunts): Slower reaction times can cause a drunk driver to crash into the car in front.
- Single-vehicle accidents: Swerving off the road, hitting objects, or losing control.
- Multi-vehicle pile-ups: Drunk driving can cause chain reaction crashes.
Many of these accidents cause serious injuries like broken bones, head injuries, or psychological trauma such as post-traumatic stress disorder (PTSD).
How Long Do You Have to Make a Claim?
If you are thinking about making a compensation claim, timing is very important.
Under the Limitation Act 1980, you generally have 3 years from the date of the accident to start your claim.
Exceptions to the Time Limit
- Minors (under 18 years old): The 3-year period starts when you turn 18.
- People with limited mental capacity: The time limit is paused until you regain mental capacity.
- Litigation friend: Someone else (like a family member) can start a claim on your behalf during this paused period.
If you miss the deadline, you may lose your right to claim. So, it’s best to seek legal advice as soon as possible.
How Much Compensation Can You Get?
Compensation in drink driving claims usually covers two types of losses:
1. General Damages (for pain, suffering, and loss of enjoyment)
This is the amount paid to compensate you for your injuries and how they affect your life.
The amount depends on:
- The type and severity of your injuries.
- How long your recovery will take.
- Whether you will suffer long-term or permanent effects.
- Your ability to work or carry out daily activities.
The Judicial College Guidelines (JCG) provide a helpful framework to estimate compensation amounts. Here are some examples of typical awards:
| Injury Type | Approximate Compensation Range |
| Multiple severe injuries | Up to £1,000,000+ |
| Severe brain damage | £344,150 to £493,000 |
| Moderate brain damage | £52,550 to £110,720 |
| Kidney injuries | £206,730 to £256,780 |
| Severe back injuries | £111,150 to £196,450 |
| Severe neck injuries | Around £181,020 |
| Chest injuries | £80,240 to £122,850 |
| Serious shoulder injuries | £15,580 to £23,430 |
| Whiplash & psychological injuries | Around £4,215 |
| Whiplash only | Around £4,345 |
2. Special Damages (for financial losses)
These cover money you have spent or lost due to the accident and injury, such as:
- Lost earnings or reduced ability to work.
- Medical and therapy costs.
- Travel expenses to medical appointments.
- Costs for home help or childcare while you recover.
It is very important to keep receipts and records of all these expenses to support your claim.
How to Make a Drink Driving Car Accident Claim
Step 1: Get Legal Advice
It’s a good idea to contact a personal injury solicitor who specialises in road traffic accident claims. They can tell you whether you have a strong case and what evidence you need.
Many solicitors offer a free initial consultation and work on a No Win No Fee basis. This means you won’t pay legal fees unless your claim is successful.
Step 2: Gather Evidence
Work with your solicitor to collect all the evidence, such as:
- Police reports.
- Medical reports and records.
- Witness statements.
- Photos and videos.
Step 3: Submit a Claim
Your solicitor will submit a claim to the insurer of the drunk driver or take legal action if necessary.
Step 4: Negotiate a Settlement
Most claims are settled out of court through negotiation. Your solicitor will aim to get you the highest possible compensation.
Step 5: Receive Compensation
Once agreed, you will receive your compensation payment for general and special damages.
What If the Drunk Driver Does Not Admit Fault?
Sometimes, the drunk driver or their insurer may deny liability or dispute the claim. This can happen if they argue:
- You were partly to blame.
- The driver was not over the limit.
- The injury was not caused by the accident.
Your solicitor will help gather strong evidence to prove your case and may advise taking the case to court if necessary.
What If the Drunk Driver Is Uninsured or Unknown?
If the driver is uninsured or cannot be identified (a “hit and run”), you may still be able to claim compensation through the Motor Insurers’ Bureau (MIB). The MIB compensates victims of uninsured or untraceable drivers.
Your solicitor can guide you on how to make a claim with the MIB.
Final Tips for Drink Driving Accident Victims
- Report the accident to the police as soon as possible.
- Seek medical attention, even for minor injuries.
- Keep all documents, receipts, and evidence related to your injury and accident.
- Avoid giving statements to insurance companies without legal advice.
- Act quickly because time limits apply.
- Get legal help early to improve your chances of success.
Summary
If you have been injured in a car accident caused by a drunk driver, you have the right to claim compensation. The law recognises that drunk driving is dangerous and a breach of duty of care.
To make a claim, you need to prove that the driver was over the legal alcohol limit, that you were injured, and that the accident caused your injury.
You can claim general damages for your pain and suffering and special damages for any financial losses caused by the accident.
Time limits apply, so it’s important to act quickly and seek legal advice. With the right support, you can get the compensation you deserve and focus on your recovery.
If you are unsure about your situation or want to find out if you can claim, contact a specialist solicitor for a free consultation today.
