Under Florida law, drunk driving is a criminal offense, punishable by jail time, fines, license suspension, and other penalties. The criminal case can also produce money, within limits. Under Florida Statute 775.089(1)(a), a sentencing court must order the defendant to make restitution for damage or loss caused by the offense, and section 775.089(2)(a) reaches medical and rehabilitative costs, lost income, and funeral expenses. What restitution does not reach is pain and suffering, and an order is only as good as the defendant's ability to pay it. Section 775.089(8) says an order of restitution does not bar a later civil recovery; the restitution amount is set off against it. So if a drunk driver has hit you, the civil claim is where the rest of the loss gets addressed.
You do have options, though. Weinstein Legal Team is a personal injury law firm that helps accident victims make full financial recoveries. Call our Florida law office for a free consultation and immediate representation.
What Benefits Are Available If a Drunk Driver Has Hit You?
If a drunk driver has struck you, you may be wondering if they will be forced to pay for your damages. The surprising answer is that, from a civil standpoint, DUI accidents are handled similarly to accidents involving no alcohol. Florida is a no-fault state for car crashes. Under Florida Statute 627.736, your own personal injury protection coverage pays first regardless of who caused the crash: 80 percent of reasonable medical expenses and 60 percent of lost gross income, up to a combined $10,000. Two limits catch people out. PIP pays only if you receive initial services and care within 14 days of the crash, and benefits are capped at $2,500 unless a qualifying provider determines you had an emergency medical condition. PIP also does not pay for your vehicle. Vehicle damage is collision or property damage coverage, which is a separate part of the policy. Florida's no-fault laws can be beneficial if the other driver is uninsured or you're injured in a hit-and-run accident, which often occurs with drunk drivers. No-fault does not put the other driver out of reach. You can sue the at-fault driver or their insurance company for economic losses beyond your PIP limits. Suing for pain and suffering takes more than that. Under Florida Statute 627.737(2), you may recover noneconomic damages only where the injury consists in whole or in part of significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death.
Personal injury attorneys differentiate between economic and non-economic damages. Here are the differences.
Economic Damages
This type of damages covers any expense that you incur as a result of an accident. Hospital bills, prescription medicine costs, vehicle damage estimates, and money you lose from not working all fall under economic damages. Personal injury attorneys are familiar with all types of economic damages that a settlement demand should include.
Non-Economic Damages
The toll of a car accident goes well beyond the dollar amounts required for proper medical attention and damage repair. You may sustain painful injuries that take a long time to heal. In addition, accidents are traumatic experiences that often cause psychological issues. Pain and suffering damages seek to compensate victims for the intangible costs of an accident.
Punitive Damages
Punitive damages punish the defendant rather than compensate you, and Florida gates them twice. Under Florida Statute 768.72, you cannot plead a punitive claim at all until the court finds a reasonable evidentiary basis for it, and at trial you must prove intentional misconduct or gross negligence by clear and convincing evidence. Under Florida Statute 768.73(1)(a), punitive damages are generally capped at three times compensatory damages or $500,000, whichever is greater.
The drunk driving exception is what matters here. Florida Statute 768.736 provides that section 768.73 does not apply to a defendant who, at the time of the act, was under the influence of alcohol or any drug to the extent that their normal faculties were impaired, or who had a blood or breath alcohol level of 0.08 percent or higher. Against an impaired driver there is no punitive damages cap.
What to Do If a Drunk Driver Hits You
The steps you take immediately after a drunk driver hits you may affect the criminal case against the other party and any future civil action. In many ways, DUI accidents are similar to other accidents, with a few significant differences.
Injury Assessment
Check on your injuries and the injuries of other passengers in your vehicle. Only move injured parties if their location places them in further danger.
Call 911
Not every crash gets an officer, but a suspected DUI does. Under Florida Statute 316.066(1)(a), the investigating officer must complete a Florida Traffic Crash Report, Long Form where the crash caused death or injury, produced any complaint of pain or discomfort, involved a violation of section 316.193, required a wrecker to remove a vehicle, or involved a commercial vehicle. Tell the dispatcher you believe the other driver has been drinking and whether anyone is hurt, because either answer puts the crash in that category.
You have your own reporting duty as well. Under Florida Statute 316.065(1), a driver involved in a crash causing injury, death, or apparent property damage of at least $2,000 (raised from $500 effective October 1, 2026) must notify law enforcement immediately by the quickest means available. If the other car is leaving, give the dispatcher the description, plate number, damage, and direction of travel.
Interacting with a Drunk Driver
If you make contact with the other driver, use caution. Remember that drunk individuals are often prone to violence. Look for the physical indicators of intoxication:
- Bloodshot eyes
- Slurred speech
- Poor balance and motor skills
- The odor of an alcoholic beverage
- Drunk or belligerent tone
Don't address drinking with the other driver. Make a mental note of your observations and tell the officers when they arrive on the scene.
Take Pictures or Videos
Use your cellphone camera to take images or videos of the accident scene. Include vehicle damage, injuries, location indicators, etc. If you see open containers in the other driver's vehicle, try to safely get a picture or include it in your video sweep.
Allow Rescue to Examine You. Seek Medical Treatment.
Allow the paramedics to examine your injuries, and if necessary, transport you to the hospital. This will not harm your case. On the contrary, it will establish a baseline for a future accident claim.
Contact a Personal Injury Law Firm
Insurance companies move quickly on early offers because an early number is usually a small number, made before anyone knows what the treatment will cost. A car accident lawyer can take the negotiation over and keep the claim open while your treatment plays out. Weinstein Legal Team works on a contingency basis. You don't have to pay out of pocket for our professional legal advice. You will not owe attorney's fees or costs unless we recover for you. We can start our representation from our first meeting, so you'll have legal protection as you pursue your claim.
Frequently Asked Questions About DUI Accidents
DUI accident victims often ask these questions during our initial consultations. Call our law office for specific information and talk to an attorney for free.
Can I File a Claim Against a Drunk Driver?
Typically, your claim will go through the responsible insurer. There are, however, times when it would be in your best interest to file a civil suit against the drunk driver as well. A personal injury lawyer can help you determine the steps to pursue a drunk driver for damages.
Does the Other Driver Have to Be Convicted of DUI for Me to Have a Case?
The standard for prosecution in criminal court is much higher than the standard for proving negligence in civil courts. For this reason, many drunk drivers beat their criminal charges but are still required to pay damages in civil court. In other words, your civil case shouldn't hinge on the outcome of the criminal case.
What Is the Statute of Limitations for Filing a Claim in Florida?
In most car accident cases you have two years from the date of the accident to file suit, under Fla. Stat. s. 95.11(5)(a). House Bill 837 (ch. 2023-15) cut that from four years, and the shorter deadline applies to causes of action accruing after March 24, 2023. A claim that accrued on or before that date still has the old four years. Do not wait either way. Evidence gets harder to collect as time passes, so contact a car accident lawyer to get started.
Can I Afford an Accident Attorney?
If you're hesitant about hiring a personal injury lawyer because of the initial costs, you should be aware that car accident lawyers in Florida work on a contingency basis. That means the fee comes out of the recovery rather than out of your pocket up front. Ask any firm you speak to whether you would still owe case costs if the claim does not succeed. Fees and costs are separate questions, and the answer to the second one belongs in the written fee agreement.
Florida Lawyers for DUI Accident Victims
The experienced personal injury lawyers at Weinstein Legal Team represent car accident victims throughout the State of Florida. If you were injured in a DUI crash, the categories in play are your medical costs, lost wages, vehicle damage, and, if your injury meets the Florida Statute 627.737(2) threshold, pain and suffering. Where the driver was impaired, punitive damages carry no statutory cap under Florida Statute 768.736. Call today to speak with an attorney for free.
