Can you sue a drunk driver who hit you?
Yes. A driver who causes a crash while impaired by alcohol or drugs can be sued for your medical bills, lost income and, in many cases, pain and suffering, and a DUI conviction or ARD in that crash can restore full tort rights even if you chose limited tort. You bring that claim yourself, separate from anything the district attorney does.
Depending on the facts, a bar, restaurant or other licensed seller that served the driver while visibly intoxicated may also be responsible, and your own uninsured or underinsured motorist coverage may pay when the drunk driver's insurance falls short.
The criminal case and your civil case are two different things
After a DUI crash, the police and the district attorney decide whether to charge the driver, and the criminal case is about punishment: fines, license suspension, jail or probation. You are a witness and a victim in that case, but you are not a party to it, and the prosecutor does not represent you.
Your civil injury claim is separate. You file it, it is aimed at compensation rather than punishment, and it is decided under a lower standard of proof than a criminal case. A conviction can help your civil claim, but you do not have to wait for the criminal case to end to start protecting yours, and an acquittal does not automatically end it.
The criminal case can still put money in your hands. When a person is convicted of a crime that caused personal injury, Pennsylvania law requires the court to order restitution (18 Pa.C.S. § 1106). Restitution does not stop you from pursuing a civil claim, but any civil award is reduced by the amount paid under the criminal judgment (§ 1106(g)). Keep records of every bill and loss so they can go to the victim-witness office handling the case.
How a DUI can restore full tort rights
Many Pennsylvania drivers chose the limited tort option on their auto policy to save money. Normally, a person bound by limited tort cannot recover for pain and suffering unless the injury is a serious injury (75 Pa.C.S. § 1705). A drunk driving crash is one of the situations where that changes.
Section 1705(d)(1)(i) says a person otherwise bound by the limited tort election may recover damages as if they had elected full tort whenever the person at fault "is convicted or accepts Accelerated Rehabilitative Disposition (ARD) for driving under the influence of alcohol or a controlled substance in that accident."
Three details matter. First, it takes a conviction or ARD; an arrest or charge alone is not enough, so the outcome of the criminal case affects your civil claim. Second, the DUI must be for that accident, not an earlier one. Third, ARD counts even though it is a diversion program that can lead to the charge being dismissed later. We track the criminal docket so the civil claim is timed and pleaded around what happens there.
Dram shop claims: when a bar or restaurant shares the blame
Pennsylvania's Liquor Code makes it unlawful for a licensee, or its employees, to sell, furnish or give alcohol to any person who is visibly intoxicated, or to a minor (47 P.S. § 4-493(1)). A companion section limits when a licensee can be liable for harm its customers cause away from the premises: only when the customer was served while visibly intoxicated (47 P.S. § 4-497).
So a dram shop claim turns on proof of visible intoxication at the time of service: slurred speech, stumbling, loud or erratic behavior, and the number of drinks served. That evidence comes from receipts and tabs, surveillance video, bartender and server testimony, witnesses who were there, and the timeline between the last drink and the crash. Much of it is lost quickly, so an early preservation letter to the bar matters.
A dram shop claim is important because a drunk driver may carry only the minimum insurance, while a licensed establishment may carry its own liability insurance.
Who pays in a drunk driving crash
In a serious DUI crash, the drunk driver's liability limits are often not enough. Pennsylvania's minimum bodily injury liability coverage is $15,000 per person and $30,000 per accident (75 Pa.C.S. § 1702). Possible sources of payment include:
- Your own first-party medical benefits, at least $5,000 on every Pennsylvania policy, paid regardless of fault (75 Pa.C.S. § 1711).
- The drunk driver's bodily injury liability coverage.
- The owner of the vehicle, if someone else's car was involved, and that owner's policy.
- A bar, restaurant or other licensee that served the driver while visibly intoxicated.
- Your uninsured motorist coverage, if the drunk driver had no insurance, or underinsured motorist coverage if the driver's limits are too low.
What you need to prove
A civil claim still requires proof that the driver was negligent and that the crash caused your injuries. Impairment is strong evidence of negligence, and the criminal file often holds the key records: breath or blood test results, field sobriety observations, body camera and dash camera video, and the arresting officer's report. We request those records and follow the criminal case in the Delaware County or Philadelphia courts.
Medical records then connect your injuries to the crash. If you had any share of fault, Pennsylvania's comparative negligence rule reduces your recovery by that share and bars it if your share is greater than the combined fault of the defendants (42 Pa.C.S. § 7102).
Deadlines after a DUI crash
Pennsylvania generally allows two years from the crash to file a personal injury lawsuit (42 Pa.C.S. § 5524). The criminal case does not pause that clock, and criminal cases can take many months. If the crash killed a family member, wrongful death and survival claims may be brought (42 Pa.C.S. §§ 8301, 8302), generally within the same two-year period.
Bar receipts, surveillance video and phone records can disappear within days. Call early even while the criminal case is pending.
How we help
Warren I. Siegel has practiced in Pennsylvania since 1992 and has served as a court-appointed sole binding arbitrator and as a Settlement Master for the Court of Common Pleas. He works from our office at 8000 West Chester Pike in Upper Darby and handles crashes throughout Delaware County and West Philadelphia.
Our fee is 100% contingency: no attorney fee unless we recover. The firm advances all case costs, which are repaid only from a recovery. If there is no recovery, you owe nothing. Call (267) 412-4601, answered 24 hours a day, 7 days a week, or send the free case review form.
Questions People Ask About Drunk Driving Accident Claims
Is it worth suing a drunk driver?
Often, yes, but it depends on your injuries and the insurance available. Many impaired drivers carry low limits and have few assets. The claim may still be worth pursuing because of the full tort exception, possible dram shop coverage, and your own underinsured motorist coverage. A free review can map out which sources exist.
How much does a drunk driving accident claim pay?
There is no typical figure. Value depends on your injuries, lost income, future care, how much insurance is available from the driver, any liable bar and your own UIM coverage. A DUI conviction or ARD can open pain-and-suffering damages for a limited-tort policyholder that would otherwise be barred.
Can I sue a drunk driver who crashed into my car?
Yes. You can claim your vehicle damage and any injuries against the impaired driver. Property damage usually goes through the driver's liability coverage or your own collision coverage. Injury claims follow the rules on this page, including the full tort exception if the driver is convicted or accepts ARD for DUI in that crash.
Is drunk driving a felony in Pennsylvania?
A DUI with no injury and few prior offenses is generally graded as a misdemeanor (75 Pa.C.S. § 3803). A driver convicted of DUI who negligently causes serious bodily injury commits a felony of the second degree (75 Pa.C.S. § 3735.1), and causing a death while DUI is also a felony (§ 3735).
Is a DUI worse if you crash and hurt someone?
Yes. Pennsylvania grades a DUI more seriously when there is a crash causing injury or damage, and a conviction for causing serious bodily injury or death while impaired is a felony. For the injured person, the civil consequence is also significant: the conviction or ARD can restore full tort rights.
How long does it take to sue a drunk driver?
It depends on the injuries and whether the case settles. Claims usually cannot be valued until treatment has progressed. The criminal case may take months, and we often use its outcome in the civil claim. Remember that the two-year filing deadline runs regardless.
Do I have to wait for the criminal case to finish?
No. You can open insurance claims and even file suit while the criminal case is pending. Because the full tort exception depends on a conviction or ARD, we plan around the criminal timeline without letting it put your own deadline at risk.
Can I sue the bar that served the drunk driver?
Possibly. Pennsylvania allows a claim against a licensed establishment that served a visibly intoxicated customer who then caused harm off the premises. The key proof is what the customer looked and acted like when served, so receipts, video and witnesses must be preserved quickly.
What if the drunk driver had no insurance?
Your own uninsured motorist coverage, if you have it, may pay. The limited tort exception for an uninsured at-fault driver lets you pursue the driver directly for pain and suffering, but Pennsylvania law does not let a limited-tort policyholder recover noneconomic damages from UM coverage unless the injury is serious (75 Pa.C.S. § 1731(d)(2)). Our uninsured motorist page explains these rules.
Sources
- 75 Pa.C.S. § 1705(d)(1)(i) (limited tort exception: DUI conviction or ARD)
- 75 Pa.C.S. § 1702 (definitions: serious injury, financial responsibility)
- 75 Pa.C.S. § 1711 (required first-party medical benefit)
- 75 Pa.C.S. § 1731 (UM/UIM coverage; limitation on recovery)
- 47 P.S. § 4-493(1) and § 4-497 (Liquor Code §§ 493(1), 497: service to visibly intoxicated persons; licensee liability)
- 75 Pa.C.S. § 3803 (DUI grading)
- 75 Pa.C.S. § 3735 (homicide by vehicle while DUI)
- 75 Pa.C.S. § 3735.1 (aggravated assault by vehicle while DUI)
- 18 Pa.C.S. § 1106 (restitution; preservation of private remedies)
- 42 Pa.C.S. § 7102 (comparative negligence)
- 42 Pa.C.S. § 5524 (two-year limitation)
- 42 Pa.C.S. §§ 8301, 8302 (wrongful death and survival)
Written for general information by the office of Warren I. Siegel, Esq., Pennsylvania Attorney ID 65342. Last reviewed 2026-09-25. This is not legal advice for your situation, and deadlines vary by claim. Talk to a lawyer before relying on any date.