A drinking driving accident claim seeks compensation when you are in a road traffic accident involving a drunk driver. You may be walking the dog, driving home from work or on your motorbike, but if a drunk driver hits you, you may have a drink driving accident claim. 

Driving when under the influence of alcohol is against the law. If you suffer injury in a car accident, as a driver, a pedestrian or cyclist, you may have a claim for compensation against the drunk driver. 

Recent statistics show that there were more than 4,000 road traffic accidents annually in the UK involving a drunk driver. There are over 200 fatalities involving drink driving annually and more than 900 serious accidents with a drunk driver. 

You may have a claim for damages if you are injured or lose a loved one in a drinking driving accident. Your personal injury solicitor will seek to recover damages through a claims process. 

If you have been injured and your life impacted by a drink driving accident that was someone else’s fault, a compensation claim seeks financial redress for your injuries and financial losses.

If you have been injured in an accident and it was not your fault, The Personal Injury Team No Win No Fee solicitors can file your compensation claim for the money you deserve.

Drink Driving Accident Claim

Table of Content

What is a drink driving accident claim for compensation?

A drink driving accident claim for compensation is the legal process for damages when you are injured in an accident that was not your fault involving a drunk driver. You may claim for the costs of the injury and the effects of it on your life today and into the future. 

You may suffer a serious injury such as spinal damage, a broken hip or a skull fracture if hit by a drunk driver when in a road traffic accident. You are particularly vulnerable if in a drink driving accident when on your bike, motorbike,  E-Scooter or when out for a walk in the evening. 

A drink driving accident often happens with little warning as the driver has reduced spatial judgement or could even be asleep at the wheel. 

A No Win No Fee personal injury solicitor may seek compensation in a drink driving accident claim if you are injured in a road traffic accident that was not your fault.

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Common drink driving accident claims for compensation

Common drink driving accident claims for compensation range from a broken leg when clipped by a car when walking to serious neck and spinal injuries in a head-on collision. 

Drink driving accidents can happen anywhere from the busy high street to the local country road. A drunk driver can have little awareness of other road users, and an accident may cause multiple fractures and death in some cases. 

Common drink driving accident claims are:

Common drink driving accident claims

Cyclist knocked off their bike when hit by a drunk driver

A cyclist knocked off their bike when hit by a drunk driver can suffer multiple injuries. Even in the cycle lane, every cyclist is a vulnerable road user, and the slightest tip can knock them to the ground. 

Injuries often seen in a drink driving RTA involving a cyclist are:

  • Broken shoulder
  • Wrist and hand injuries
  • Skull fractures
  • Facial lacerations and cuts to the arms and legs
  • Spinal and lower back injuries

You may have a road traffic accident claim for compensation if you are hit by a drunk driver when on your bicycle.

Pedestrian hit by drunk driver when crossing the road

The pedestrian hit by a drunk driver when crossing the road could be struck by a car going at speed, which can cause many injuries. A pedestrian, like the cyclist, is a vulnerable road user and can suffer serious injury when a drunk driver fails to stop at the Pelican crossing or at traffic lights. 

Injuries suffered by a pedestrian in a drunk driving RTA:

  • Hip and pelvis injuries
  • Broken ankles and lower limb injuries
  • Punctured lungs
  • Broken ribs
  • Head and neck injury

A pedestrian hit by a drunk driver may have a road traffic accident claim for compensation.

Drunk driver fails to look when turning at a junction and hits motorbike

The drunk driver who fails to look when turning at a junction and hits a motorbike could cause serious injury to the driver. The driver of the motorbike could be knocked into oncoming traffic or be hit full-on in the drink driving accident. 

Injuries to a motorbike driver in a drink driving road traffic accident:

  • Serious head and neck injuries
  • Damage to internal organs
  • Post Traumatic Stress Disorder, PTSD
  • Broken limbs
  • Soft tissue injuries

The motorcyclist hit by a drunk driver may have a claim for compensation, and their No Win No Fee solicitor can handle their claim for them.

Children injured when a drunk driver rear-ends family car

When your children are injured when a drunk driver rear-ends the family car, it can be very traumatic for all involved. A drunk driver will have difficulty in judging stopping distance and may easily rear-end a car at traffic lights or when stopped at a junction.

 Injuries children may suffer when a drunk driver rear-ends the family car:

  • Neck and spinal damage
  • Facial injuries from hitting the front headrest
  • Soft tissue injuries
  • Internal organ damage from seat belts
  • PTSD from the shock of the impact

You can make an RTA compensation claim for your children if they are injured by a drunk driver when in the family car. 

A drink driving accident claim will seek compensation for your injuries in a road traffic accident. 

Your No Win No Fee personal injury solicitor will look at your case and see if you have a valid claim for compensation for injury in a drink driving accident.

Compensation for drink driving accident claims

You can seek more than £10,000 compensation for a drink driving accident claim, with awards above £10 million in some cases. Drinking driving accidents often happen unexpectedly and at speed, and injuries can be devastating for the victim. 

An injury in a drunk driving accident can be a broken limb, nerve damage, severe lacerations, and internal organ damage. You may be unable to work or care for yourself, and you may lose your ability to exercise and play sports. 

You can claim compensation for the effects of the road traffic accident today and in the future. The amount awarded depends on the severity of your injury and the impact on your life.

Amounts of compensation seen in drink driving accident claims are: 

  • Soft tissue neck injury from £4,350 to £7,890
  • Shoulder injury including a dislocated shoulder, from £12,770 to £19,200
  • Severe scarring in teens, and those under 40, from £29,780 to £97,330
  • Disc damage and vertebrae injury with chronic pain from £38,780 to £69,730
  • Severe injury to the pelvis and hips from £61,910 to £78,400
  • Back injury with nerve root damage from £74,160 to £88,430
  • Neck injury with little or no movement, in the region of £148,330
  • Injuries resulting in paraplegia from £219,070 to £284,260

(The figures given here are for General Damages only and are an approximation as every case is different. You will also receive compensation for any financial losses you suffer due to the personal injury. Figures are taken from Judicial College Guidelines 16th Edition and are accurate as of April 2023.) 

Personal injury claim calculator

There is not one fixed amount for a drink driving accident claim, and the compensation awarded for your injury will be tailored to the circumstances of your claim. 

A No Win No Fee personal injury solicitor can tell you what to expect from their experience with drink driving road traffic accident compensation claims.

What are you being compensated for in a drink driving road accident injury claim?

In a drink driving accident claim, just like any personal injury claim, you are being compensated for two types of damages.

The amount of compensation awarded for your drink driving road accident claim is the total of these two types of damages.

If you suffer a road traffic accident injury, you claim General Damages for PSLA, the Pain, Suffering and Loss of Amenity you experience directly from the personal injury suffered in the drink driving accident.

You may suffer Pain as a direct result of an accident when hit by a drunk driver. You claim for the pain from the broken ribs, facial lacerations, and nerve damage you experienced after the road traffic accident.

You will experience Suffering while you recover from the injury to the kidneys or bruised ribs today and in the years to come after the drink driving road traffic accident.

You can also claim for the Loss of Amenity in your daily life, such as difficulty or restriction in walking, sitting, playing sports, and sleeping from the injury suffered in a road traffic accident that was not your fault.

You seek compensation for Special Damages in a road traffic injury claim to cover your costs today and any future financial losses. 

These could include loss of earnings, care costs, medical treatment while recovering after an accident involving a drunk driver and any other long-term treatment costs. You can also claim for specialist rehabilitation, aids, adaptations, and any other out-of-pocket expenses you have or will suffer due to the drink driving road traffic accident.

Compensation is awarded to cover all losses, including income, medical expenses, and long-term care needs arising from being hit by a drunk driver in a road traffic accident.

You will need payslips and all day-to-day receipts, such as accommodation costs, the costs of travel to medical appointments, physical therapy, and all other out-of-pocket expenses incurred after the RTA.

A No Win No Fee solicitor handles your road traffic accident injury claim to get you the compensation you deserve for all the costs and expenses of the injury suffered in the drink driving Road Traffic Accident.

How Much Is Your Claim Worth?

Take a few minutes to fill in our claim assessment form and find out how much compensation you will be entitled to.

Who is eligible to claim for a drink driving accident injury?

You are eligible to claim for drink driving road accident injury if you are injured in an accident that was not your fault or wholly your fault when involved in a road traffic accident. 

If you were driving a car hit by a drunk driver, you can claim for the broken arm, leg or hips you suffered in the road traffic accident. 

A cyclist or pedestrian knocked down and injured in a drink driving accident can claim for the injuries suffered and for the effects of the RTA on their life.  

Dependents may be able to claim compensation if a loved one cannot represent themselves after a road traffic accident that was not their fault or only partially their fault. 

A dependent is defined as:

  • A spouse or former spouse
  • Someone who lived with the injured party for two years before the accident as a husband, wife, or civil partner.
  • Blood children, adopted children or those who became children through marriage or civil partnership
  • Parents and those acting as parents, such as a guardian or step-parents
  • Grandparents or great-grandparents
  • Brothers, sisters, cousins, and other direct relatives
  • Anyone else who was dependant on the deceased financially

You may be able to claim compensation if you depend on someone who cannot represent themselves after a drink driving road traffic accident or who may have passed away due to an RTA, and your No Win No Fee personal injury solicitor can help with the case.

Hit and run drink driving claim

A hit and run drink driving claim can be very upsetting as the injured person may be left on the side of the road without any help until another road user stops to assist them. 

The drunk driver may not even know they have hit another road user until later. In many cases, the driver in a drink driving accident claim keeps going because they are over the limit and do not want to be caught drunk at the scene. 

The police will investigate every road traffic accident involving a hit and run driver and will seek to find the driver using eyewitnesses and CCTV. 

If the police cannot find the driver of the car that hit you in a hit and run drink driving accident, you may still be able to claim for compensation. The Motorists Insurance Bureau has a levy on all motor insurance policies in the UK. The levy goes into a fund, and from that fund, the MIB pays compensation for accidents involving uninsured drivers and hit-and-run claims. 

You are the one who suffered the injury and if you were injured in an accident that was not your fault, you may be able to claim from insurance. You can claim against the MIB fund if you can show you were injured by a hit and run driver on the road. 

Your No Win No Fee personal injury solicitor can look at your claim and help you claim against the MIB fund for personal injury compensation.

Uninsured drink driving accident claim

An uninsured drink driving accident claim, like a hit and run claim, is a very upsetting time for the injured road user and their family. Not only have they been hit by a drunk driver, but they also discover the driver is not insured and the problems that brings to a compensation claim. 

The local police will investigate and charge the drunk driver for drink driving and for driving without insurance. Many people will look to bring a personal injury claim against the driver’s insurance company, but that becomes a problem when the driver is uninsured. 

You can make a claim against the Motorists Insurance Bureau fund when you suffer a personal injury that was not your fault in an RTA where the driver was uninsured. 

A No Win No Fee personal injury solicitor can help make your claim against the MIB fund when you suffer injury by an uninsured driver in a drink driving accident.

hit by an uninsured driver

Our Process

We make the claim process as simple and streamlined as possible, and that’s one of the reasons we’re maintain a 4.9 / 5 ★ rating from our customers!

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 027 0370 or request a callback here.

Claim Evaluation

Once you have spoken with our team we’ll let you know how we can help. This will involve a thorough case review and understanding of the incident, financial damages and physical injuries.

Legal Letter

Once we are satisfied we have all the information we require and have a full understanding of your circumstances. We send a letter of claim to the negligent party outlining your claim and compensation requirements.

Fatal drunk driving accident claim

Nobody ever wants to make a fatal drunk driving accident claim, but tragically, death happens in many drink driving road traffic accidents. The drunk driver will be travelling too fast, be unable to stop in time and can hit another road user head-on in many accidents. 

The dependents of the loved one left behind can make a road traffic accident claim when the family member dies when in a drinking driving road traffic accident. 

You can claim for funeral expenses or for the medical care a loved one needed before passing away. If you depended on your loved one for financial support, you may also be able to make a fatal road traffic accident claim against the insurance company of the drunk driver. 

If the drunk driver fails to stop, hit and run, or the drunk driver is uninsured, you may be able to bring a claim against the Motorists Insurance Bureau fund for any damages you experienced due to the loss of a loved one. 

Your No Win No Fee personal injury solicitor can handle your fatal accident claim and get you the compensation you deserve after the death of a loved one.

fatal car accident claim seeks compensation when a family member or loved one dies in a road traffic accident

How to make a claim for road traffic accident injury compensation

To make a claim for road traffic accident injury compensation, there are usually a few standard steps to follow. If you were injured when hit by a drunk driver, you claim for the RTA and its effects on your life.

We will guide you through the entire process from first contact through to the conclusion of your claim.

Instruct a No Win No Fee personal injury solicitor as soon as possible. A solicitor can look at your case and see the extent of your drink driving accident injuries and how they might form a Road Traffic Accident injury compensation claim.

Only a No Win No Fee personal injury solicitor will have the experience and the team to handle your claim – they will know what your claim may be worth and how to get the best results for you.

You may require medical treatment or investigation if you have suffered a road traffic accident injury. It is vital that the nature and extent of your injuries are contemporaneously recorded in your medical records.

This may be in a consultation with your GP if you have less severe injuries which do not require immediate treatment but do not clear up in a reasonable timeframe. You may need investigations, referral to a specialist, or maybe physiotherapy.

Of course, in a severe or life-threatening Road Traffic Accident injury, you will attend A&E, and the hospital medical records will detail your injuries and treatment.

The solicitor gets all the details and evidence to support your case in the next step of the RTA injury claims process.

Your Personal Injury Team solicitor will speak to you and obtain a detailed description of what happened to cause the road traffic accident, all injuries suffered, and the financial losses you sustained.

An experienced personal injury expert will assess the case.

If they confirm you have a valid Road Traffic Accident compensation claim, they can discuss the next steps in the process with you and answer any of your questions.

The solicitor submits the claim for the road traffic accident injury compensation to the negligent who may be responsible for your injury. Your solicitor submits the claim by writing to the negligent party to outline your possible claim.

The negligent party has to give a written response to your solicitor’s letter within twelve weeks of receiving it.

Your Personal Injury Team lawyer will advise you of the time limit applying to your case and what to expect during the process.

Getting the response from the negligent party informs your personal injury solicitor how the case for Road Traffic Accident compensation is likely to proceed.

The negligent party can either admit liability in the case or state that they intend to defend it.

When the negligent party decides to defend the case, it is known as ‘denying liability’ in legal terms.

If the negligent party admits liability, which often happens, your personal injury solicitor will obtain medical evidence. You may need to have a consultation with a medical expert, which your solicitor will arrange.

Once completed, medical evidence and details of your financial losses will be sent to the negligent party’s insurer.

The negotiation period then starts, often resulting in the settlement of your claim. You would be closely involved in this process and given expert advice throughout – no compensation would be agreed upon without your authority.

In very large claims, you will likely have to see several medical experts over a longer period. When the injuries suffered in the road traffic accident are significant, it can take a long time until the final prognosis is known.

Your solicitor will advise you on the likely timescales and when, tactically, will be the best time to enter settlement discussions with the defendant.

Often, claims for life-changing injury will be negotiated at a “settlement meeting” with the defendants. The two sides may meet, and during the meeting, your case will be outlined, and negotiations will take place.

You would be at this meeting and be closely involved in this process, and no settlement would be agreed upon without your authority.

At this stage, your solicitor, and sometimes a barrister, will handle the meeting and advise you on what is on offer and what level of compensation to accept.

Going to court is the final step in an RTA injury case if the negligent party does not accept responsibility for the negligence or if the negligent party admits liability but refuses to pay you a fair amount in compensation.

Issuing court proceedings is handled by your solicitor.

Although court proceedings are started in some cases, very few road traffic accident injury cases make it to a court case before a judge. The vast majority will settle before having to issue court proceedings, and even where proceedings are issued, few cases end up at a trial.

Your Personal Injury Team solicitor will advise you through the entire process from start to finish.

steps in making a personal injury claim

Evidence to support a drink driving accident injury claim

Evidence to support your drink driving accident injury claim should help show that the accident was not wholly your fault and that someone else was at least partially responsible. 

You will need to gather as much evidence as possible to prove your road traffic accident injury claim. The more evidence you have to support a drink driving accident, the better it will be for your claim. 

When gathering evidence to support your drink driving injury claim, you should:

  • Take note of where, when and who is involved
  • Use your phone to take photographs of the accident scene
  • Get the details of everyone involved in your accident
  • Call the police
  • Get a copy of the accident report from the police
  • Get details of the other road user’s insurance policy
  • Get the details of any witnesses
  • Find CCTV evidence if possible
  • Call for medical help to assess your injuries
  • Take photos of your injuries at the scene
How to prove your claim for personal injury compensation

Every piece of evidence may be crucial in your road traffic accident injury claim. You do not know what the negligent party will dispute or claim when the case begins. 

Your No Win No Fee solicitor may use the evidence against the negligent party in any possible Road Traffic Injury claim.

How long do I have to make a claim for a road traffic accident injury?

You have three years to make a claim for a road traffic accident injury. The three years in any Road Traffic Accident injury claim usually begin when you suffered the injury, became aware of the injury, or were diagnosed with the injury you sustained when hit by a drunk driver on the road.

Personal injury compensation claims for the RTA injury must generally be brought and court proceedings issued within three years of the injury.

In the case of children, such as a child injured when a drunk driver rear-ends the car, the time limit for an injury claim only begins when they turn 18. Parents or guardians can start a Road Traffic Accident injury claim for children under the age of 18.

Your No Win No Fee personal injury solicitor can advise you on making the road traffic accident injury claim and how long you have to make any personal injury compensation claim.

Schedule A Call

Have you been involved in a personal injury? We specialise in pursuing damages to make sure you get the maximum compensation possible.

It’s free and easy to speak with one of our team of no win no fee claim experts.

A No Win No Fee personal injury solicitor

A No Win No Fee personal injury solicitor will guide you through making the drink driving road accident claim.  They will have the experience of Road Traffic Accident injury claims and if you may be able to claim compensation for your injuries.

The No Win No Fee personal injury solicitor fights your case and does not take a fee if you do not win. Before beginning your RTA injury claim, you can agree to all the terms with your solicitor. 

The negligent party’s insurance company will pay some of the legal fees, and a No Win No Fee personal injury solicitor will agree with you on how much of the shortfall will come from your compensation. It is usually a percentage of up to a maximum of 25%, although the deduction may be nothing in larger cases.

You will need an experienced No Win No Fee solicitor to make your personal injury compensation claim.

No Win No Fee personal injury solicitor

Will I have to go to court with a drink driving accident claim?

You are very unlikely to have to go to court to make your drink driving accident claim for compensation.  

A drink driving accident is not any different from any other road traffic accident, and you can claim compensation as you would for any personal injury. The police may prosecute the drunk driver, but it should not affect your personal injury claim.

If you follow our advice, the claim process usually goes smoothly, and the vast majority of road traffic accident injury claims will be settled long before court proceedings are needed.   

Our personal injury team will fight your case. Even if court proceedings must be issued because, for example, the defendant unreasonably denies liability, the case is still unlikely to end up at a trial. 

Very few compensation claims require court proceedings, and even fewer, less than 1%, will end up at trial. 

A No Win No Fee personal injury solicitor will fight your claim for the road traffic accident compensation and try to keep it out of court.

Make a road traffic accident claim today

Make a road traffic accident claim today using our online claim assessment tool to determine how much you can claim for your injury. The broken pelvis or shattered ribs you suffer in an RTA injury could affect you for life, and you may be able to claim compensation for the damages involved. 

The Personal Injury Team FREE online assessment tool will put you in direct touch with one of our team, who will give you a full rundown of what can happen with your Road Traffic Accident injury claim. 

Personal Injury compensation amounts for road traffic accident injury claims vary, and expert advice from one of our team members can help you with an idea of compensation for your drink driving accident injury. 

Only by contacting one of our team will you get a drink driving road traffic accident claim up and running today. 

Contact your Personal Injury Team today for immediate and expert Road Traffic Accident claims advice tailored to you.

how much can you claim for personal injury