Chris Kreeger explains what changes when the driver who hit you in California had been drinking. If that driver was under the influence and had a prior DUI with injury, you may be able to sue for punitive damages. Insurance does not cover those damages, so the money would have to come from the driver personally.
Suing a Drunk Driver for Punitive Damages in California
Under California law, if the driver who hit you was drinking, under the influence and had a prior DUI with injury, you can sue that person for punitive damages in California. Punitive damages are not something that’s covered by insurance so that money would have to come from the driver, him or herself.