If you were hit by a drunk driver
A DUI crash produces two separate proceedings. The criminal case belongs to the state and is about punishing the driver. The civil claim belongs to you and is about paying for what happened. They interact in ways that are useful to understand.
Punitive damages change the arithmetic
In an ordinary negligence claim you recover compensation and nothing more. Driving under the influence is treated differently: California courts have long held that a drunk driver may be exposed to punitive damages, because the conduct can amount to a conscious disregard for the safety of others rather than mere carelessness.
Two practical consequences. Punitive damages are generally not covered by liability insurance, so they reach the driver's own assets. And their availability substantially changes the pressure on an insurer to resolve the compensatory claim, because the exposure above the policy is real.
Restitution is not your civil claim
The criminal court will likely order restitution. People reasonably assume this handles it. It does not.
Restitution is generally limited to quantifiable economic loss — medical bills, lost wages, property damage. It does not compensate pain, suffering or loss of enjoyment of life, it is collected at whatever rate the defendant can pay, and it is often a fraction of the actual loss. Accepting restitution does not release the civil claim, though any amounts received are accounted for so there is no double recovery.
Who else might be responsible
California's dram shop rules are narrow, and far narrower than most people expect.
So the usual answer about the bar is no. The exceptions concerning minors are real and worth investigating whenever a driver under 21 is involved. There may also be an employer, if the driver was working or the drinking was at a work function.
Questions people ask
The driver is being prosecuted. Should I wait for that before bringing a claim?
Not usually. The criminal case can take a long time and your civil deadline keeps running. The two proceed in parallel, and a conviction, if one comes, helps the civil case. What does make sense is coordinating with the prosecution so the civil claim does not interfere with the criminal matter.
The court ordered restitution. Is that my compensation?
Only partly. Restitution covers quantifiable economic loss and not pain and suffering, and it is paid at whatever rate the defendant can manage. It does not release your civil claim; amounts actually received are credited.
Can I sue the bar that served them?
Usually not. California treats drinking rather than serving as the cause, which gives bars and social hosts broad immunity. The significant exceptions involve serving an obviously intoxicated minor, or a social host furnishing alcohol to a minor. Always worth checking when the driver was under 21.
Are punitive damages realistic, or just a threat?
They are genuinely available in DUI cases, and courts have allowed them for decades. Whether they are collectable depends on the driver's assets, since liability insurance generally does not cover them. Their main practical effect is on how seriously the compensatory claim is treated.
Related
Reviewed October 2026 by Simon Aziz Budhwani, Esq., the attorney responsible for this site. Legal statements here name the California code section they rely on, so you can check them rather than trust them. This is information about the law in general, not advice about your situation.
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