Hit by a Drunk Driver in California: Punitive Damages, Bar Liability, and What You Can Recover
The short answer: If you were hurt in a drunk driving accident in California, you can recover medical bills, lost income, and pain and suffering, and you may seek punitive damages under Civil Code section 3294, which Taylor v. Superior Court (1979) held can apply to drunk driving. Bars and restaurants are generally not liable for serving an adult who later drives drunk (Business and Professions Code section 25602), with a narrow exception for serving an obviously intoxicated minor (section 25602.1). Punitive damages are not insurable in California, so most money comes from the driver’s liability policy, your own underinsured motorist coverage, and the driver’s personal assets.
Being hit by a drunk driver feels different from an ordinary crash. Someone chose to put you in danger, and it is natural to want that choice to count. California law does treat these cases differently, but not always in the ways people expect. This guide is for injured people and families in Los Angeles County and the San Gabriel Valley who want straight answers about what you can recover, who pays, and how long you have to act.
Key Takeaways
- Punitive damages are possible against a drunk driver, but you must prove malice by clear and convincing evidence under Civil Code section 3294. They are not automatic.
- California law does not allow insurance to cover punitive damages (Insurance Code section 533 and PPG Industries v. Transamerica), so any punitive award is paid from the driver’s own pocket.
- A bar, restaurant, or store that served an adult driver generally cannot be sued (Civil Code section 1714 and Business and Professions Code section 25602). The exception is selling alcohol to an obviously intoxicated minor.
- California’s minimum auto liability limits are $30,000 per person and $60,000 per accident (since January 1, 2025). Your own underinsured motorist coverage often matters more than the drunk driver’s policy.
- The general deadline to sue is two years from the injury (Code of Civil Procedure section 335.1). Criminal restitution and the state victim compensation program do not replace a civil claim.
Can you get punitive damages for drunk driving in California?
Yes, it is possible. Punitive damages are extra money meant to punish especially bad conduct, on top of the damages that repay your losses.
The rule comes from Civil Code section 3294. You must prove by “clear and convincing evidence” that the defendant acted with oppression, fraud, or malice. For a crash, the key word is malice, which the statute defines to include “despicable conduct” carried on “with a willful and conscious disregard of the rights or safety of others.”
In Taylor v. Superior Court (1979) 24 Cal.3d 890, the California Supreme Court held that driving while intoxicated may count as malice when the circumstances show a conscious disregard of the probable dangerous consequences. The driver in that case was alleged to be a longtime alcoholic who knew he tended to drive drunk.
Notice the word “may.” Not every DUI crash earns punitive damages. Facts that tend to strengthen the claim include:
- Prior DUI arrests or convictions.
- A very high blood alcohol level, well above the 0.08 percent limit in Vehicle Code section 23152.
- Fleeing the scene afterward. (Our guide to hit-and-run accidents in California covers that situation.)
Procedure matters too. Under Civil Code section 3295, the complaint cannot state a punitive dollar amount, pretrial discovery into the defendant’s finances needs a court order, and the defendant can keep wealth evidence out until the jury has awarded damages and found malice.
Will the drunk driver’s insurance pay punitive damages?
No. In California, insurance does not cover punitive damages, so a punitive award is only as valuable as the driver’s own assets.
Insurance Code section 533 says an insurer is not liable for a loss caused by the willful act of its insured. In PPG Industries, Inc. v. Transamerica Ins. Co. (1999) 20 Cal.4th 310, the California Supreme Court stated plainly that “our public policy prohibits indemnification for punitive damages.”
A driver with little income and no property may never pay a large punitive judgment. A driver who owns a home, a business, or real savings is different. An honest evaluation looks at the driver’s finances, not just the police report.
The driver’s liability insurance does cover the compensatory side: medical bills, lost wages, future care, and pain and suffering. For how the non-economic part is valued, see how pain and suffering is calculated in California.
Can you sue a bar for drunk driving in California?
Usually not. California’s “dram shop” rule is narrow: in most cases, a bar that over-served an adult driver cannot be held civilly liable for the crash.
The Legislature made that choice in 1978. Civil Code section 1714(b) declares that “the consumption of alcoholic beverages,” not the furnishing of them, is the proximate cause of injuries inflicted by an intoxicated person. Business and Professions Code section 25602(b) adds that a person who sells or gives alcohol to an obviously intoxicated person is not civilly liable to someone injured as a result. Serving an obviously intoxicated person is still a misdemeanor under section 25602(a), but it does not create a lawsuit for the victim.
There are two exceptions:
- Selling to an obviously intoxicated minor. Business and Professions Code section 25602.1 allows a lawsuit against a licensed seller (or anyone who sells alcohol) that sold or furnished alcohol to an obviously intoxicated person under 21, when that sale was a proximate cause of the injury or death.
- Adults who serve minors at home. Social hosts are generally immune under Civil Code section 1714(c). But section 1714(d) allows a claim against a parent, guardian, or other adult who knowingly furnishes alcohol at their residence to someone they know, or should have known, is under 21. A person harmed by that underage drinker can bring the claim.
If the driver who hit you was under 21, ask where they were drinking. A bar tab or a house party hosted by adults can open a second source of recovery.
Who can pay when you are hit by a drunk driver?
More sources than most people realize. Here is each one, when it applies, and its limits.
| Who can pay | When it applies | Limits to know |
|---|---|---|
| Drunk driver’s auto liability insurance | Nearly every case where the driver is insured | Policy limits; minimum is $30,000 per person and $60,000 per accident. Does not pay punitive damages. |
| The drunk driver personally | Damages above the policy, and any punitive award | Only as good as the driver’s assets and income |
| The vehicle owner (if not the driver) | Driver had the owner’s permission (Vehicle Code section 17150) | Capped at $15,000 per person, $30,000 per accident under section 17151, and no punitive damages for the driver’s conduct |
| The driver’s employer | Driver was working at the time (Civil Code section 2338) | Punitive damages only if the employer itself meets section 3294(b) |
| A bar, store, or adult host | Alcohol went to an obviously intoxicated minor, or an adult knowingly served someone under 21 at home | Not available when the drinker was an adult served at a bar |
| Your own UM/UIM coverage | Driver was uninsured or carried less than your UM limits | Your limits, minus what the driver’s insurer paid (Insurance Code section 11580.2) |
| Criminal restitution | Driver is convicted | Economic losses only; credited against a civil judgment |
| California Victim Compensation Board (CalVCB) | Injury caused by a person under the influence | Up to $70,000 total, only for costs no other source covers; no pain and suffering |
Underinsured motorist coverage deserves special attention. Since January 1, 2025, California’s minimum liability limits have been $30,000 per person, $60,000 per accident, and $15,000 for property damage, according to the California DMV (the increase came from SB 1107 of the 2021-22 session). Under Insurance Code section 11580.2(p), a driver is “underinsured” when their liability limits are lower than the uninsured motorist limits on your own policy. It applies after the driver’s policy is paid out, and your insurer’s maximum is your limit minus what the driver’s side paid. For example, if the driver carried $30,000 and you carry $100,000 in underinsured coverage, your own policy could pay up to $70,000 more.
In one case we handled, a client hurt in a sideswipe on the 60 Freeway in Jurupa Valley recovered a $60,000 uninsured motorist policy limits settlement. Prior results do not guarantee a similar outcome.
Does a DUI arrest prove the drunk driver was at fault?
It helps a great deal, but it is not automatic. The civil case still has to show that the driver’s conduct caused your injuries.
California uses a rule called negligence per se. Under Evidence Code section 669, a person who violates a safety statute is presumed to have failed to use due care when the violation caused the kind of injury the law was designed to prevent. Vehicle Code section 23152 makes it illegal to drive under the influence or with a blood alcohol level of 0.08 percent or more. Section 23153 makes it a separate crime to drive under the influence and, through some other illegal act or neglect, cause bodily injury to someone else.
The presumption can be challenged. Still, the police report, chemical test results, and witness statements gathered in the criminal case are often the strongest evidence in the civil case.
How do the criminal case, restitution, and your civil claim fit together?
They run on separate tracks. The criminal case punishes the driver; your civil claim compensates you. You can pursue both.
For a first violation of section 23153, Vehicle Code section 23554 allows a sentence in state prison, or in county jail for 90 days to one year, plus a fine of $390 to $1,000. Section 23558 adds up to three one-year state prison enhancements, upon a felony conviction, when more than one person is injured.
If the driver is convicted, Penal Code section 1202.4 requires the court to order full restitution for your economic losses, including medical expenses and lost wages, with interest at 10 percent per year. A restitution order is enforceable like a civil judgment. But restitution has limits:
- It covers economic losses only. Pain and suffering is not part of restitution in a DUI case.
- Anything actually collected through restitution is credited against a later civil judgment for the same losses, so you do not get paid twice for the same bill.
- An order is not a payment. Many defendants pay slowly or not at all.
The California Victim Compensation Board is another option. Government Code section 13955 makes crashes caused by someone under the influence of alcohol or drugs eligible. CalVCB can reimburse costs like medical care, counseling, lost income, and funeral expenses, up to $70,000, but only for expenses no other source covers, and it does not pay for pain and suffering.
How long do you have to sue a drunk driver in California?
In most cases, two years from the date of the injury. That deadline comes from Code of Civil Procedure section 335.1, and it also applies to wrongful death claims.
There is one wrinkle for drunk driving cases. Code of Civil Procedure section 340.3(a) says that when a defendant has been convicted of a felony, a lawsuit based on that felony may be filed within one year after judgment is pronounced, unless a longer period applies. Because criminal cases can run long, this sometimes adds time. Do not count on it: not every DUI is charged as a felony, so treat two years as your deadline. Our article on how long you have to claim an injury after an accident explains other deadlines that can be shorter, such as claims involving a government vehicle.
Early steps matter: get medical care, keep every bill, get the police report number, and avoid recorded statements to the driver’s insurer. Our checklist on what to do after a car accident in California walks through each step. If a loved one was killed, our wrongful death team can explain the family’s options, and our Los Angeles car accident lawyers handle injury claims throughout the county.
Frequently Asked Questions
Can you go to jail for drunk driving and crashing?
Yes. In California, driving under the influence and causing injury to another person violates Vehicle Code section 23153. For a first offense, section 23554 allows state prison, or county jail for 90 days to one year, plus a fine of $390 to $1,000.
Can you get punitive damages if you are hit by a drunk driver?
Possibly. In Taylor v. Superior Court (1979), the California Supreme Court held that drunk driving may support punitive damages under Civil Code section 3294 when it shows a conscious disregard for the safety of others. You must prove malice by clear and convincing evidence, and insurance will not pay a punitive award.
Can you sue a bar for serving a drunk driver in California?
Generally no. Civil Code section 1714 and Business and Professions Code section 25602 protect people who serve alcohol to adults. The main exception, section 25602.1, allows a claim against a seller who served an obviously intoxicated minor whose drinking caused the injury.
What if the drunk driver has no insurance or only the minimum?
Your own uninsured or underinsured motorist coverage can pay, up to your policy limits. California’s minimum liability limits are $30,000 per person and $60,000 per accident, so underinsured coverage often makes a large difference in serious injury cases.
Is a lawyer worth it if you were hit by a drunk driver?
It depends on your injuries and the coverage available. A lawyer can identify every source of payment, including underinsured motorist coverage, owner or employer liability, and the driver’s personal assets, and can coordinate your claim with criminal restitution. Many injury lawyers, including our firm, offer free consultations.
If this happened to you or someone you love, Partamian Law Firm can help. We offer free, confidential consultations, and we work on contingency, so you pay no attorney’s fees unless we recover compensation for you. Call (626) 389-4600 or reach out online.
Sources
- California Civil Code section 3294 (punitive damages)
- California Civil Code section 1714 (social host and alcohol liability)
- California Business and Professions Code section 25602.1 (sales to obviously intoxicated minors)
- California Insurance Code section 11580.2 (uninsured and underinsured motorist coverage)
- California DMV: Insurance Requirements
- California Penal Code section 1202.4 (victim restitution)
- California Code of Civil Procedure section 335.1 (two-year deadline)
- California Victim Compensation Board: What Is Covered
This article is for general information only and is not legal advice. Laws change and every case is different. Speak with an attorney about your specific situation. Prior results do not guarantee a similar outcome. Partamian Law Firm, 301 N Lake Ave, Suite 600-Unit 61, Pasadena, CA 91101.