Can DUI Victims Sue Beyond Insurance Limits?

Yes, you may be able to pursue more than what the at-fault driver’s policy will pay. California law offers several paths when your damages exceed those policy limits. This may include the driver’s personal assets, a third-party liability claim, and uninsured or underinsured motorist (UM/UIM) coverage.

California’s minimum insurance limits can leave victims short after a serious DUI crash. A personal injury attorney can evaluate your case and help identify other possible avenues for compensation.

What Does Suing Beyond The Insurance Limits Mean?

Suing beyond insurance limits means seeking compensation that exceeds the maximum amount available under the at-fault driver’s applicable liability policy.

Suppose a victim has $250,000 in legally recoverable damages, but the drunk driver has only $30,000 in bodily injury liability coverage. The insurer may be liable only for the applicable policy limit, unless another legal basis creates additional liability. The driver may still be personally responsible for the remaining damages.

A victim may attempt to recover the unpaid amount from:

1. Any umbrella or excess insurance.
2. Insurance covering the vehicle’s owner.
3. Employer or commercial auto coverage.
4. Rideshare or delivery-platform coverage.
5. Coverage available through another household policy.
6. Insurance covering a bar, business, property owner, or government entity.
7. The victim’s underinsured motorist coverage.
8. The driver’s personal assets.
9. A possible excess-liability or bad-faith recovery.

The order and availability of these options depend on the accident.

Why DUI Accident Damages May Exceed Policy Limits

California Vehicle Code § 16056 currently requires minimum automobile liability limits of:

• $30,000 for bodily injury or death to one person.
• $60,000 for bodily injury or death to multiple people in one accident.
• $15,000 for property damage.

These minimum limits can be exhausted quickly in a serious crash. Medical transportation, surgery, hospitalization, rehabilitation, and lost income alone may exceed the available coverage.

Damages in a DUI accident claim may include:

• Emergency medical treatment.
• Hospitalization and surgery.
• Past and future medical expenses.
• Physical therapy and rehabilitation.
• Lost wages.
• Reduced future earning capacity.
• Home health care and assistive services.
• Property damage.
• Pain and suffering.
• Emotional distress.
• Loss of enjoyment of life.
• Permanent disability or disfigurement.
• Funeral and burial costs.
• Wrongful death losses.

When several people are injured, they may also have to share the policy’s per-accident limit. For example, a $60,000 per-accident limit may have to be divided among multiple injured victims, even when each person’s damages are much more serious.

Pursuing The Drunk Driver’s Personal Assets

Personal asset liability means that if an accident happens and the driver’s insurance doesn’t cover all the costs, the driver must pay the remaining amount out of their own pocket. A judgment is a formal court order stating how much the driver owes you. In California, if a drunk driver’s insurance coverage is not enough, you can collect the rest directly from the driver.

If a court enters a judgment exceeding the insurance limits, you can pursue the drunk driver’s nonexempt income and assets to cover the difference. However, obtaining an excess judgment does not guarantee that the full amount will be collectible.

A DUI accident lawyer can help you collect the remaining balance through various legal methods. One option is wage garnishment, which means taking money directly from the driver’s paycheck. If the driver holds money in a bank account, a levy can pull those funds directly. You can also file a judgment lien against the driver’s property. This creates a claim the driver must settle when they sell or refinance the property. The payment you receive will depend on factors such as the driver’s equity, the lien’s priority, and any relevant exemptions.

Before spending substantial time and money pursuing an excess judgment, an attorney may investigate:

• Employment and income.
• Bank and investment accounts.
• Real estate and available equity.
• Business ownership.
• Vehicles and other valuable property.
• Existing debts and liens.
• Property protected by California exemption laws.
• The expected costs of collection.

Some drivers are judgment-proof. This means they own so little that a court order cannot force them to pay. Winning in court does not guarantee payment.

Punitive Damages

California courts can award punitive damages in DUI cases. Unlike regular damages that cover your losses, punitive damages are extra amounts meant to punish the wrongdoer. According to California Civil Code § 3294, malice means conduct intended to cause injury or despicable conduct carried on with a willful and conscious disregard for the rights or safety of others.

A DUI conviction shows the driver was likely intoxicated or driving illegally. However, you still need clear and convincing evidence to support punitive damages. While a criminal conviction can strengthen your case, it isn’t needed for a civil claim. California doesn’t set a general limit on punitive damages. However, any award must meet constitutional limits. A court can also reduce an excessive award.

Under California law, insurance generally does not cover punitive damages for the driver’s own wrongful conduct. Because of this, attorneys consider the driver’s actual assets before deciding to pursue a claim for punitive damages.

Umbrella Insurance

If the at-fault driver has an umbrella or excess liability policy, it can offer extra coverage. This applies once the main auto liability limits are used up. Recovery remains subject to the umbrella policy’s limits, terms, conditions, and exclusions.

Uninsured/Underinsured Motorist (UM/UIM) Coverage

This is coverage on your own auto policy. UM coverage may apply when no applicable liability insurance is available. UIM coverage might kick in once the at-fault policies run out. This happens if their limits are lower than your UM/UIM limit. Remember, this is subject to offsets and your policy terms.

Even when you find the right policy, payment is not certain. Your claim may face challenges, including disputes, delays, or low settlement offers. A DUI accident lawyer can help you pursue accountability when legal challenges arise.

Can Other Parties Be Liable For A DUI Crash?

The drunk driver is typically liable for a DUI accident. However, when other parties allow the driver to drink and drive, they may also be held liable under California law.

Vehicle Owner Liability

A vehicle owner may be liable when they permit the at-fault driver to use the vehicle. However, if the owner’s liability is based solely on permissive ownership, the California Vehicle Code generally limits recovery from the owner to:

• $15,000 for injury or death to one person.
• $30,000 total for injury or death to multiple people in one accident.
• $5,000 for property damage.

These limits may not apply when the owner’s liability comes from an employment or agency relationship, negligent entrustment, or the owner’s own negligent or wrongful conduct.

Employer Liability

In California, the respondeat superior rule allows courts to hold employers responsible. If an employee, like a truck or delivery driver, causes a crash while doing their job, the employer can be liable.

Potential examples include a driver who was:

• Making deliveries.
• Traveling between job sites.
• Transporting equipment.
• Performing an assigned errand.
• Driving a company vehicle for work.
• Carrying out another task that benefited the employer.

Rideshare and delivery crashes require a separate coverage analysis. The amount and source of insurance may depend on whether the driver was offline, logged into the platform, waiting for a request, traveling to pick someone up, or completing a ride or delivery.

Employer liability may provide access to commercial auto insurance or other business coverage. However, commuting and personal detours can create disputes over whether the employee was acting within the scope of employment.

Dram Shop Liability

California Civil Code § 1714 broadly shields bars and restaurants from liability for injuries caused by an adult customer they served. However, Business and Professions Code § 25602.1 allows a claim against certain alcohol sellers if they provide alcohol to an obviously intoxicated minor, and this leads to injury or death.

Social Host Liability

California usually protects social hosts from being held liable for injuries that happen due to a guest drinking alcohol. However, a parent, guardian, or another adult may be liable if they knowingly furnish alcohol at their residence to someone they know or should know is under 21, and the furnishing causes injury or death.

Government Entity

A public entity may be involved when the DUI accident was partly caused by:

• A dangerous roadway condition.
• Defective road design.
• A malfunctioning traffic signal.
• Missing or damaged signs.
• Unsafe construction-zone conditions.
• A negligent public employee.
• A government-owned vehicle.

Government liability is not established simply because a crash occurred on a public road. The victim must have a legally valid basis for holding the entity responsible.

Holding The Insurance Company Accountable For Bad Faith

California law requires every auto insurer to comply with the implied covenant of good faith and fair dealing. A liability insurer must act in good faith toward its insured. This includes properly considering any reasonable settlement offer. Such offers can help protect the insured from large judgments.

If an insurer unreasonably rejects a valid and reasonable opportunity to settle a covered claim within policy limits, it may become liable for an ensuing excess judgment, depending on the facts and satisfaction of California’s legal requirements.

However, this principle does not mean that an injured person can automatically sue the at-fault insurer whenever it rejects a demand.

California Deadlines For Filing A DUI Accident Lawsuit

California Code of Civil Procedure § 335.1 generally gives an injured person two years from the date of the crash to file a personal injury lawsuit.

 If a government entity played a role in the crash, such as a bad road design, you must also file an administrative claim with that agency. An administrative claim is a written notice that you plan to seek compensation. You have only six months from the date of the crash to file it under California Government Code § 911.2.

Exceptions to the 2-year deadline may apply in some cases. For example, under CCP § 352(a), if the injured person is a minor, the two-year deadline does not start until they turn 18.

If you miss the deadline, you risk losing your ability to pursue compensation for your injuries and other losses. The sooner you act, the better positioned you are to preserve critical evidence. Speaking with an attorney early can help keep your claim on track. They also guide you through the process if you don’t know what to do after a DUI crash.

At Arash Law, we advocate for the rights of Californians who have been injured by others’ careless behavior. Here’s one of the cases we won for a client:

• $6,000,000 — Our client was involved in a head-on collision caused by a drunk driver, resulting in the tragic death of his wife. We successfully obtained the full policy limits despite defense attempts to dispute liability.
• $4,100,000 — Our client, a farm worker, suffered multiple fractures and orthopedic injuries when a driver turned left in front of them in heavy fog. The defense then spent years offering unfair compensation.
• $8,800,000 — After a company van driver’s speeding caused our client’s severe injuries, we fought hard to hold them accountable. Multiple key depositions shifted the case’s trajectory.

Disclaimer: The results presented are for informational purposes only and do not guarantee or predict future outcomes. Individual results may vary based on specific circumstances and other factors.

Frequently Asked Questions About DUI Accident Lawsuits

Suing a drunk driver raises questions that go beyond a simple injury claim. You may wonder how a criminal DUI case affects your civil case, whether a criminal acquittal ends your claim, or what happens if the driver files for bankruptcy to avoid paying you.

Below are some of the most common questions.

Does A Criminal DUI Conviction Guarantee I Will Win My Civil Case?

A conviction is strong evidence, but you do not need one to win your civil case. A violation of California’s DUI laws may support a negligence-per-se theory if the requirements of Evidence Code § 669 are met. The doctrine doesn’t need a criminal conviction. It usually assumes the driver didn’t show proper care.

If prosecutors drop the criminal charges or a jury acquits the driver, your civil case is not over. Criminal trials require proof beyond a reasonable doubt. Civil cases generally use the lower preponderance-of-the-evidence standard. The victim must show that:

• It is more likely than not that the driver was legally responsible.
• The victim suffered harm.
• The driver’s conduct was a substantial factor in causing that harm.

Can I Still File A Claim If I’m Uninsured?

Yes. Being uninsured does not prevent you from filing a claim or seeking economic damages, such as medical expenses and lost income. Proposition 213 generally bars certain uninsured motorists from recovering non-economic damages, including pain and suffering. An uninsured vehicle owner can still claim non-economic damages if the driver at fault is convicted of DUI under California Vehicle Code § 23152 or § 23153.

What Information Can Help Identify Additional Sources of Recovery?

Information that may help identify other insurance policies or responsible parties includes:

• The driver’s insurance policy and coverage limits.
• Umbrella or excess policy information.
• Vehicle registration and ownership records.
• Employment records showing whether the driver was working.
• Rideshare or delivery-platform records showing the driver’s status.
• Business or vehicle-use agreements.
• Information about other people or companies that owned, controlled, or insured the vehicle.
• Policy-limits demands and the insurer’s responses.

This information may help determine whether an employer, vehicle owner, business, platform, additional insurer, or another party could provide compensation beyond the driver’s primary policy.

What Happens If The Drunk Driver Files For Bankruptcy To Avoid Paying?

If a drunk driver files for bankruptcy, the court generally cannot discharge qualifying debts for personal injury or wrongful death. Under 11 U.S.C. § 523(a)(9), this exception applies when the injuries or death resulted from the driver’s unlawful operation of a vehicle while intoxicated. The debt, therefore, remains legally enforceable after bankruptcy, although actual collection depends on the debtor’s available income and assets.

Do Lawyers Only Get Paid If They Win?

Yes, if the California DUI accident attorney works on a contingency-fee basis. This generally means the attorney receives a fee only if the case results in a settlement or court award. If there is no recovery, you typically do not owe legal fees, and none are due up front. The written fee agreement determines the exact percentage and payment terms.

Consult Arash Law About Your DUI Accident Today

A DUI accident can leave you facing medical bills and lost income. Insurers may use delay and low offers to reduce what you recover. Starting early gives an attorney time to find all available coverage and preserve key evidence.

When you contact Arash Law, you get a free case review with no obligation to hire. Call AK Law at (888) 488-1391 or fill out our online form. Seeking free advice from a DUI accident lawyer can help you learn what California law allows you to recover. You pay no legal fees unless we win or settle your case.