Drink Driving Accident Claims Guide – Can You Claim Compensation?

If you have been injured by a drunk driver, you may be entitled to claim compensation. Fentons could be able to help you claim for damages, including medical costs, lost earnings, and emotional distress. This guide explains drink driving accident claims, legal responsibilities, and how a claims management firm can assist you.

Key Facts

• Drink driving accident claims allow victims to seek compensation for physical, emotional, and financial damages following a drink driving car crash.
• Liability in personal injury claims against a drunk driver depends on proving their negligence under the Road Traffic Act 1988.
• Insurance complexities arise when making an insurance drink driving claim, as some policies may exclude cover for drink driving accidents.
• Victims can claim against a drunk driver through the Motor Insurers’ Bureau (MIB) if the driver is uninsured.
• A No Win No Fee agreement can make pursuing compensation for drink driving accidents more accessible by eliminating upfront costs.

Understanding Drink Driving Accident Claims

 

Drink driving accidents are among the most serious types of road traffic accident claims, often leading to severe injuries and legal complications. If you have been injured by a drunk driver, you may be eligible to make a claim for compensation. Proving liability in drink driving accident claims involves demonstrating that the driver was over the legal alcohol limit and that their impairment directly caused the accident.

Key factors in these claims include:

• Police reports confirming intoxication levels.
• Eyewitness statements supporting the claim.
• Medical records linking the accident to your injuries.
• Insurance policies that may or may not cover drink driving accidents.

The legal consequences of drink driving can be severe for the offender, but as a victim, you have the right to seek compensation for medical costs, lost income, and emotional trauma. Fentons could be able to help you claim and ensure that you receive the compensation you deserve.

Common Causes of Drink Driving Accidents

Drink driving car crashes happen due to a variety of reasons, all related to impaired judgement and slower reaction times. Alcohol affects the body in numerous ways, increasing the likelihood of an accident. Common causes include:

• Reduced reaction time – Alcohol slows down the ability to respond to sudden hazards.
• Impaired vision – Blurred vision or difficulty judging distances can make it hard to drive safely.
• Poor decision-making – Drunk drivers often misjudge their ability to drive, leading to reckless behaviour.
• Fatigue – Alcohol contributes to drowsiness, making drivers less alert.
• Speeding and loss of control – Intoxicated drivers are more likely to exceed speed limits and lose control of their vehicles.

The consequences of these factors can be devastating. If you have been affected by a drink drive accident, seeking legal support can help ensure that you receive fair compensation for your losses.

Common Injuries in Drink Driving Accidents

The injuries sustained in a drink driving car crash can be life-changing, ranging from minor to severe. Common injuries include:

• Whiplash and soft tissue injuries – Common in whiplash claims against drunk drivers.
• Head and brain injuries – Traumatic brain injuries can have long-term consequences.
• Fractures and broken bones – High-impact collisions often lead to broken bones.
• Spinal injuries – These can result in permanent disability.
• Psychological trauma – Victims may suffer from anxiety, PTSD, or depression.

These injuries can lead to significant financial and emotional burdens. Making a personal injury claim can help cover medical costs, rehabilitation expenses, and lost wages. Fentons could be able to help you claim for the damages you have suffered.

What Should I Do If I’m Hit by a Drunk Driver?

If you are involved in an accident caused by a drunk driver, taking the right steps is essential to strengthen your claim. Here is what you should do:

1. Seek medical attention – Even if your injuries seem minor, a medical report is crucial evidence.
2. Report the accident – Call the police, as drink driving is a criminal offence.
3. Gather evidence – Take photos of the accident scene, vehicle damage, and any visible injuries.
4. Obtain witness statements – Witnesses can support your claim by confirming the driver’s impairment.
5. Check insurance coverage – Find out does car insurance cover drink driving accidents UK and whether the driver’s insurance will pay out.
6. Contact a claims management firm – Getting professional help can ensure you follow the correct legal process.

Taking these steps will help strengthen your claim and increase your chances of receiving compensation for drink driving accidents. Fentons could be able to help you claim and guide you through the process effectively, explaining how to claim.

Can I Claim Compensation If a Drunk Driver Hits Me?

If you have been injured by a drunk driver, you may be entitled to compensation. Victims of drink driving accident claims can seek damages for medical expenses, lost earnings, and emotional distress. Under UK law, drivers are responsible for ensuring they are fit to drive, and intoxicated drivers are considered negligent.

To make a successful claim, you must prove:

• The driver was intoxicated.
• The accident caused your injuries.
• There is supporting evidence, such as police reports and medical records.

If the drunk driver is uninsured, the Motor Insurers’ Bureau (MIB) may still allow you to claim. Fentons could be able to help you claim and ensure you receive the compensation you deserve.

Whiplash Compensation Table

Table A Amount	Table B Amount	Injury Duration
£240	£260	Up to 3 months
£495	£520	Between 3 and 6 months
£840	£895	Between 6 and 9 months
£1,320	£1,390	Between 9 and 12 months
£2,040	£2,725	Between 12 and 15 months
£3,005	£3,700	Between 15 and 18 months
£4,215	£4,345	Between 18 and 24 months

Other Compensation Examples

Moderate shoulder injuries: £9,630 to £15,580 – Frozen shoulder causing limited movement and discomfort, with symptoms lasting around two years. Also includes soft tissue injuries with significant symptoms persisting beyond two years but not permanently.

Moderate PTSD: £9,980 to £28,250 – In these cases, the injured person will have largely recovered, and any continuing effects will not be grossly disabling.

Moderate back injuries: £15,260 – £47,320 – Moderate back injuries causing persistent pain, reduced mobility, nerve damage, or requiring surgery, with varying severity, treatment needs, and long-term impact.

How to File a Claim Against a Drunk Driver

Filing a claim against a drunk driver involves several key steps to ensure a successful outcome. Drink driving accident claims require clear evidence and a structured approach. Here’s what you need to do:

1. Report the accident – Contact the police and obtain a formal report.
2. Seek medical attention – Ensure your injuries are documented.
3. Gather evidence – Take photos, collect witness statements, and keep all records.
4. Check insurance details – Find out does car insurance cover drink driving accidents UK and whether the driver’s policy applies.
5. Contact a claims management firm – They can handle negotiations and legal aspects of the claim.

The process can be complex, but having the right legal support can make a difference. Fentons could be able to help you claim efficiently and secure the best possible outcome.

What Types of Compensation Can I Claim After a Drink Driving Accident?

When pursuing compensation for drink driving accidents, several types of damages may be available. Victims can claim for both financial and non-financial losses resulting from the accident.

Financial Damages:

• Medical expenses – Treatment, rehabilitation, and ongoing care costs.
• Lost earnings – Compensation for time off work and potential future income loss.
• Vehicle repairs – Costs related to fixing or replacing your damaged vehicle.

Non-Financial Damages:

• Pain and suffering – Compensation for physical injuries and emotional distress.
• Psychological impact – Anxiety, PTSD, and other mental health effects.
• Loss of quality of life – If the injuries cause long-term lifestyle changes.

Understanding your rights can ensure you receive full compensation. Fentons could be able to help you claim for all eligible damages and guide you through the process effectively.

How Does the Claims Process Work for Drink Driving Accidents?

The process of making drink driving accident claims involves several key steps to ensure that victims receive fair compensation. If you have been injured by a drunk driver, following the right procedure will strengthen your case.

Steps in the Claims Process:

1. Seek medical attention – Ensure injuries are documented.
2. Report the accident to the police – A police report is essential evidence.
3. Gather supporting evidence – Photos, witness statements, and CCTV footage can help.
4. Notify the insurer – Check does car insurance cover drink driving accidents UK to determine liability.
5. Contact a claims management firm – Professional assistance ensures your claim is handled properly.

Having expert support can simplify the process and improve your chances of a successful claim. Fentons could be able to help you claim and navigate the process efficiently.

How Long Do I Have to Make a Claim After a Drink Driving Accident?

If you wish to make a personal injury claim after a drink drive accident, you must act within the legal time limits. In England and Wales, the standard limitation period for road traffic accident claims is three years from the accident date.

Exceptions to the Time Limit:

• Minors – If the victim is under 18, they have until their 21st birthday to claim.
• Mental incapacity – If the claimant lacks mental capacity, the time limit may be extended.
• Unidentified or uninsured drivers – Claims through the Motor Insurers’ Bureau (MIB) have shorter deadlines.

It is always advisable to start your claim as soon as possible to avoid complications. Fentons could be able to help you claim within the legal timeframe.

How Do I Prove a Driver Was Drunk in an Accident Claim?

Proving that a driver was intoxicated is crucial for a successful claiming against a drunk driver case. A strong evidence base increases the likelihood of receiving compensation for drink driving accidents.

Key Evidence to Support Your Claim:

• Police reports – Officers test drivers for alcohol at accident scenes.
• Breathalyser or blood test results – Confirms the driver’s intoxication level.
• Eyewitness testimonies – Bystanders can confirm reckless driving.
• CCTV or dashcam footage – Can show erratic driving behaviour.
• Hospital records – If the driver was treated, blood tests may reveal intoxication.

Gathering this evidence will help establish liability and strengthen your case. Fentons could be able to help you claim by ensuring all relevant evidence is included.

How Do No Win No Fee Drink Driving Accident Claims Work?

A No Win No Fee agreement allows victims to pursue scarring compensation claims without financial risk. This means you do not pay legal fees unless your case is successful.

Benefits of No Win No Fee Claims:

• No upfront legal costs – You only pay if you win.
• Access to expert legal support – Ensures your case is handled professionally.
• Reduced financial risk – If the claim is unsuccessful, you owe nothing.

This type of agreement makes the process more accessible for victims seeking drink driving compensation amounts. Fentons could be able to help you claim under a No Win No Fee arrangement, ensuring you receive the compensation you deserve.

Fentons Can Help You Make Drink Driving Accident Claims

At Fentons, we are dedicated to helping victims of drink driving accident claims secure the maximum compensation they deserve. With over 30 years of experience, our claims professionals provide expert guidance through every stage of the process. We offer free legal advice from friendly legal experts who will assess your case and explain your options clearly.

If you have been injured due to a drink driving car crash, we can assist you in claiming for medical costs, lost wages, and emotional distress. We operate on a No Win No Fee basis, ensuring you face no financial risk when making a claim.

To find out if you can claim compensation, call 0333 000 0723 or contact us today.

Drink Driving Accident Claims FAQ

Can passengers claim compensation in a drink driving accident?

Yes, passengers injured in a drink drive accident can claim compensation, provided they were not knowingly travelling with an intoxicated driver. Claims can be made against the driver’s insurance or through the Motor Insurers’ Bureau (MIB) if they were uninsured.

Will my insurance cover me if I’m hit by a drunk driver?

In most cases, if you are hit by a drunk driver, your insurance drink driving claim should be covered by the at-fault driver’s policy. If the driver is uninsured, you may be able to claim through the MIB or under your own uninsured driver coverage.

How do insurance companies handle claims involving drunk drivers?

Insurance companies assess liability by reviewing police reports, breathalyser results, and witness statements. Some policies include exclusions for drink driving, so it is essential to check does car insurance cover drink driving accidents UK with your provider.

Can I claim for psychological injuries after a drink driving accident?

Yes, you can claim for psychological impact of scarring, PTSD, anxiety, or emotional trauma following a drink driving car crash. These damages fall under personal injury claims and can be included in your compensation request.

Drink Driving Accident Claims Resources

GOV.UK: An overview of the legal consequences of drink-driving offences in the UK, including fines, imprisonment, and driving bans.

Department for Transport: A statistical report detailing the number of road casualties in Great Britain where at least one driver was over the drink-drive limit in 2021.

RAC: A comprehensive overview of drink-driving statistics in the UK, including recent trends and data.