Hit By Drunk Driver: Claim Compensation For Injury Caused By Drink Driving / Drugs
Being hit by a drunk driver (or a driver on drugs) can cause havoc to your life – both physically and financially.
In this article we discuss how to claim compensation if you are a road user hit by an intoxicated driver (from alcohol, drugs or medications). We set out who can claim and describe the immediate steps you should take following an accident.
We look at answers to real-life drink driver accident questions.
- Hit By Drunk Driver: Claim Compensation For Injury Caused By Drink Driving / Drugs
- What is a drink driver injury claim?
- Q&A – Driving Whilst Intoxicated With Drink, Drugs. Medication
- FREE LEGAL HELP
What is a drink driver injury claim?
If a person in control of a motor vehicle as a result of intoxicated with alcohol or drugs collides with collides with a vehicle, pedestrian or other road user leading to injury – you will likely be entitled to claim for compensation.
Criminal Offence If A Driver Is Unfit To Drive Due To Drink Or Drugs
Section 4. Road traffic Act 1988 states that a person is:
“Guilty of a criminal offence if they are unfit to drive through drink or drugs when driving or attempting to drive a mechanically propelled vehicle on a road or other public place.“
Compensation will include money for your pain and suffering coupled with compensation for your financial loss and expense, including vehicle damage, lost income, etc.
A claim can be made even when:
- The drunk driver had no motor insurance.
- The driver made off without leaving details (hit and run).
- The vehicle involved in the accident was stolen.
- The driver had legitimate insurance, but the motor insurer voids the policy.
- You are a passenger in the drunk driver’s vehicle.
- A company car or other works vehicle caused the accident.
The Drunk Driver Must Be At Fault
The fact that a driver was drunk does not in and of itself win a claim.
The drunk driver must have been at fault for the accident. In other words – the road accident must be caused by the failure of the drunk driver to control a motor vehicle correctly due to an inebriated state.
In the unlikely situation that another driver hit a drunk driver. It would be the other driver that was at fault not the drunk driver.
What should you do if you are hit by a drunk driver?
If you are hit by a drunk driver or a suspected drunk driver you should always:
Notify the police immediately
The police will breathalyse the drunk driver. If the accident caused injury to another road user the police will likely produce a police accident report.
Drink Driver Hit And Run
Police involvement is essential if the driver made off without exchanging details.
You will not be able to claim compensation for a drink driver hit and run without police involvement.
We explain later in this article how the Motor Insurers’ Bureau can meet your compensation claim following a hit and run..
Call an ambulance
If you are injured – you should call an ambulance immediately. Your injuries may be worse than you imagine – especially as shock can mask your initial symptoms.
Exchange details with the drunk driver
Exchange of details might not be possible with a drunk driver.
However, at the very least you should take the registration number. A photo of the vehicle and the registration number can prove invaluable to your future claim.
Get witness details
No matter what the drunk driver says at the scene – get the names and numbers of any witnesses (especially independent witnesses).
Many drivers may say “it is my fault”. Yet later to their insurers or the police give a whole different version of events.
Gathering witness evidence is the only sure fire way to keep people honest and prove your claim should a dispute arise.
Beware The Driver Who Admits Fault At The Accident Scene
Beware the driver admits at the scene it is their fault and doesn’t want to involve the insurers or the authorities.
Such drivers may not be insured and may have no intention of paying you compensation.
Alternatively – even when insured they may change their mind in the knowledge no evidence was gathered.
You may be left empty handed and unable to prove what happened.
Notify your motor insurer
Whether you intend to claim from your own motor insurance or not – your policy will typically require you to notify your motor insurer as soon as possible.
Other steps you should take
See our detailed article setting out the steps you should take immediately following a road accident.
What types of road users hit by drunk drivers can claim compensation?
Drunk drivers can cause injury to many types of road user – all of whom should be able to make a claim.
For example:
Pedestrians hit by drunk drivers
Drunk drivers will often fail to heed the presence of pedestrians. The pedestrian may be hit whilst using a pedestrian crossing or even whilst on the pavement. It is not unknown that a drunk driver will lose control, mount a pavement and hit pedestrians.
Cyclists
Pedal cyclists are relatively slow moving and vulnerable road users whose presence on the road may often be missed by a drunk driver/
Car drivers and their passengers hit by a drunk driver
Car drivers are the most common of road users.
A collision by a drunk driver with another car driving or parked on the road is the most common form a drink driving accident.
Motorcyclists
Motorcyclists are smaller road users, but equally as fast as other motorised vehicles.
Unfortunately, when a motorcyclist is hit by a drunk driver – there will typically be serious injury.
Bus and coach passengers
Buses and coaches carry a number of unsuspecting passengers.
When a drunk driver collides unexpectedly at high speed with a bus or coach – passengers will be thrown around and suffer multiple types of injury.
Mobility vehicles
Mobility vehicles are smaller, often open and far more vulnerable than other types of vehicle. When hit by a drunk driver – serous injury can be caused to already disabled people.
Horse riders
Horse riders are typically found on quieter country lanes. A drunk driver coming into contact with horse riders can wreak havoc and lead to various types of injury.
Large vehicle
Lorries, trucks, vans and other large vehicle may be hit by drunk drivers. Normally the occupants of these types of vehicle driver are more protected.
Still injury can be caused especially when a drunk driver is in control of a large work vehicle, such as a delivery vehicle.
Can a passenger in a drunk driver’s vehicle claim for injury?
Whether a passenger can claim for injury depends on a number of circumstances.
Knowing that the driver was drunk
A passenger that knowingly gets into a vehicle with a drunk driver (or suspecting the driver was over the limit) runs the risk that any potential injury claim may be reduced (contributory negligence).
A passenger may themselves be drunk or may have encouraged the driver to drive whilst drunk. Here there is a risk that their claim could be negated.
Innocent to the fact the driver was drunk
Sometimes a passenger may accept a lift not realising the driver is drunk. It might be that on realisation the driver continues to driver and refuses to stop, so the passenger cannot exit the vehicle.
In such instances – it is likely that the passenger will be able to claim full compensation for injury.
Will a drunk driver’s motor insurer pay you compensation?
Your claim for compensation will be made against the drunk driver. However, the motor insurer is an indemnifier for the liability of their insured.
The s151 Road Traffic Act 1988 also requires an insurer to meet a court judgment made against any driver of the vehicle – whether they were included in the insurance policy or not.
In other words – the motor insurer of the drunk driver or of the car itself will pay you compensation for injuries suffered as a result of a drunk driver’s negligence.
Motor insurance voided
It is very likely that the terms of any motor policy is that the driver must not be over the legal driving limit for alcohol.
Should a driver be found over the limit (or in some instances fail to give a specimen to the police for testing) – the motor insurer will often try to void the policy.
Even If The Motor Insurance Policy Is Voided You Can Claim
Don’t worry – even if the motor insurer voids the drunk driver’s policy – the insurer is required by law to pay you compensation if you are injured.
So make your claim using a solicitor as the motor insurer of the vehicle will have to pay one way or the other.
The insurer may well attempt to recover any monies they have had to incur from their insured driver, but that is not your problem.
No motor insurance
Driving without insurance is a criminal offence. However, even if the driver was not insured or there was no insurance on the motor policy – a body known as the Motor Insurers’ Bureau (MIB) will have to meet the claim as though the driver was insured.
Your claim is made under the MIB Uninsured Drivers’ Agreement. However, there is a restriction for passengers making a claim if they knew the vehicle was being driven for the purpose of a crime.
Drunk driver hit and run
You can still claim even if you did not get the registration number of the vehicle. Again, the claim is made from the Motor Insurers’ Bureau under the Untraced Drivers Agreement.
You Must Involve The Police Immediately
You must have involved the police immediately, so that they can confirm to the MIB that the accident happened as you describe.
The police can also check local CCTV and gather evidence to see if the driver and the registration number can be found.
Stolen vehicle used in accident
Should the drunk driver be using a stolen vehicle you can still claim compensation.
For example – you might be able to claim from:
- The true owner’s motor insurer.
- The Motor Insurers Bureau if no valid insurance can be found.
Using a company car or other work vehicle
If the drunk driver was in a work vehicle it should not have an impact on your ability to claim. There will still be motor insurance in place and if not the MIB could step in to meet your compensation.
You may have an addition party to claim against – the employer of the driver who caused your accident.
Can a drunk driver claim compensation for injury?
“No” – if you are the drunk driver who caused the road accident, you will not be able to claim compensation for your injuries.
In the UK – we operate a fault-based system. You can only claim from the person-at-fault (or the respective motor insurer). That person cannot be yourself.
What If The Drunk Driver Was Not At Fault?
Imagine that you were in charge of car whilst drunk and another vehicle hit your car. Here the accident was the other driver’s fault.
Although, there may be criminal consequences to you for being in charge of a motor vehicle whilst intoxicated, However, in theory you could claim for your injuries and your vehicle damage from the driver-at-fault.
Q&A – Driving Whilst Intoxicated With Drink, Drugs. Medication
In this section we look at real-life questions from road accident victims injured by drivers intoxicated by alcohol and drugs. Choose the question of interest to see the full Q&A article.
Hit by an uninsured drunk driver whilst parked in our car outside the family home
Driver, high on drugs, causes accident with cyclist on a one-way street
FREE LEGAL HELP
Take advantage of our free online and telephone legal help.
You can call direct to our solicitors both to discuss a drunk driver accident and ask any questions you may have concerning your potential injury claim. In addition – we provide online help and claim assessments.
