A crash caused by a drunk or drugged driver feels different from an ordinary accident, and legally it can be different too. In New York, a victim of an impaired driver may have claims against more than just the driver, may be able to seek additional damages, and, if the driver fled, may still have a path to compensation. This guide from a Queens drunk driving accident attorney explains the options that are unique to these cases and the steps that protect them.
The criminal case and your civil claim are separate
If police charge the driver under Vehicle and Traffic Law § 1192, the Queens District Attorney prosecutes that case. It can result in fines, license revocation or jail, but it doesn’t pay your medical bills or lost wages. Your injury claim is a separate civil case that you control. A conviction or guilty plea can be powerful evidence in the civil case, but you don’t need to wait for the criminal case to finish before protecting your rights.
First, the usual insurance still applies
Even when the other driver was drunk, the normal New York car accident rules apply to the first layer of benefits. Your own no-fault coverage pays basic medical bills and a portion of lost wages regardless of fault; our no-fault claims guide explains the deadlines. To recover for pain and suffering against the driver, you generally must meet New York’s serious injury threshold under Insurance Law § 5102(d). The at-fault driver’s liability policy is then the main source of compensation.
Dram shop claims: when a bar can be responsible
New York’s Dram Shop Act, General Obligations Law § 11-101, lets a person injured by an intoxicated driver bring a claim against a business that unlawfully sold alcohol to that driver. Under the Alcoholic Beverage Control Law, it’s unlawful to sell to someone who is visibly intoxicated. A separate provision, § 11-100, covers people who knowingly furnish alcohol to someone under 21.
Dram shop claims matter because bars and restaurants carry their own insurance, which can make a real difference when the driver’s policy is small. Proving one usually requires fast work:
- Receipts or credit card records showing where and when the driver was drinking
- Bar surveillance footage, which is often recorded over quickly
- Witnesses who saw the driver’s condition when served
- The driver’s blood alcohol results from the police investigation
Punitive damages
In most injury cases, damages are meant to compensate you for your losses. In cases involving especially reckless conduct, New York courts can allow punitive damages meant to punish and deter. Driving while heavily intoxicated can support that kind of claim in some circumstances. One practical point: insurance policies in New York generally don’t cover punitive damages, so whether they’re worth pursuing depends on the driver’s own assets.
When the driver fled: hit-and-run claims
Impaired drivers are more likely to flee. If you were hit and the driver was never identified, you may still recover through:
- Your own policy’s uninsured motorist coverage, including supplementary uninsured/underinsured motorist (SUM) coverage if you have it.
- MVAIC, the Motor Vehicle Accident Indemnification Corporation, if you have no available coverage of your own. MVAIC claims come with strict early requirements, including reporting the crash to police within 24 hours and filing a notice of intention to make a claim within 90 days.
These deadlines are much shorter than the usual three-year lawsuit deadline. Pedestrians hit by unknown drivers should also read our guide to MVAIC for pedestrians.
Evidence to protect right away
- Get medical care and tell the doctors every symptom.
- Get the police report number, the officer’s name and the precinct.
- Write down anything the driver said, and note signs of intoxication such as slurred speech, the smell of alcohol or open containers.
- Photograph the vehicles, the scene and any plate you saw, even partially.
- Collect witness names and numbers.
- Note nearby cameras: businesses, buses, traffic cameras and doorbell cameras.
- Don’t talk to the driver’s insurer about fault until you’ve spoken with a lawyer.
Shared fault and deadlines
Even when the other driver was drunk, an insurer may try to argue you share some blame. New York’s pure comparative fault rule reduces your recovery by your share, if any, but doesn’t bar it. Most injury lawsuits must be filed within three years under CPLR § 214. If someone was killed, a wrongful death claim generally has a two-year deadline; see our wrongful death page.
Learn more about how car accident cases move through the courts in how a New York car accident lawsuit works, or visit our car accident practice page.
Frequently asked questions
Do I need a Queens drunk driving accident attorney if the driver was arrested?
An arrest doesn’t pay your bills. The criminal case punishes the driver; your civil claim compensates you. A Queens drunk driving accident attorney can also look for dram shop claims and extra coverage the criminal case won’t touch.
Can I sue the bar that served the driver?
Possibly. New York’s Dram Shop Act allows claims against a business that unlawfully sold alcohol to a visibly intoxicated person who then caused your injuries. These claims depend on fast evidence gathering.
What if the drunk driver had no insurance?
Your own uninsured and SUM coverage may apply. If you have none, MVAIC may be available, with short notice deadlines.
Visit Yakov Mushiyev & Associates
Our office is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, just off the Cross Island Parkway on the Queens–Nassau border. If you can’t come to us, we’ll come to you: at home, in the hospital or by video.
Talk to a Queens drunk driving accident attorney today
Yakov Mushiyev & Associates has recovered over $80 million for injured New Yorkers across the five boroughs and Nassau County. Consultations are free, available in English, Russian and Spanish, and there is no fee unless we win.
Call 718.775.3110 or contact us online for a free case review.
This article is general information, not legal advice. Every case is different. Attorney Advertising.