What to Do If a Drunk Driver Hits You

What To Do If A Drunk Driver Hits You In New York

Knowing what to do if a drunk driver hits you is one of the most important things any New York driver can prepare for — because the steps you take in the first 24 hours directly determine whether you recover full compensation or lose critical evidence forever. Attorney Brett J. Nomberg, of the Law Office of Brett J. Nomberg, PLLC, at 600 Third Avenue, New York, NY, has represented victims across New York for more than 30 years in cases where a drunk driver hits you, your family member, or causes a wrongful death. This guide tells you exactly what to do — step by step.

More than 13,000 people died in alcohol-related crashes in the United States in 2023 for the second straight year, according to the Mothers Against Drunk Driving (MADD) 2024 report. In New York, impaired driving is consistently cited as a contributing factor in thousands of crashes each year. When a drunk driver hits you, the legal situation is significantly different from a standard vehicle collision — because DWI (Driving While Intoxicated) under NY VTL §1192 creates both a criminal record and a civil liability record that you can use to support your personal injury claim. A drunk driver’s BAC test results, arrest record, and eventual conviction become powerful evidence in your lawsuit.

New York’s no-fault insurance system under Insurance Law §5103 means your own insurer pays up to $50,000 in Personal Injury Protection (PIP) benefits for medical bills and a portion of lost wages — regardless of who caused the crash. However, when a drunk driver hits you and causes injuries meeting the serious injury threshold under Insurance Law §5102(d) — including a fracture, permanent limitation, significant disfigurement, or 90/180-day disability — you can pursue a full third-party personal injury lawsuit. In DUI crash cases, New York also allows punitive damages — additional compensation beyond your actual losses — because there is no statutory cap on punitive damage awards in New York, and courts have found that drunk driving meets the “willful and wanton” misconduct standard required to unlock them. The standard statute of limitations for personal injury claims in New York is three years from the crash date under CPLR §214.

Why a DWI Crash Is Different From a Regular Car Accident

When a drunk driver hits you, you are not just a car accident victim — you are the victim of criminal conduct. The at-fault driver’s intoxication creates legal advantages in your civil case that do not exist in a typical negligence claim. A DWI arrest establishes that the driver’s conduct was not ordinary carelessness — it was reckless disregard for the safety of others. Under New York law, this level of conduct qualifies for punitive damages, which courts award in addition to economic and pain-and-suffering compensation specifically to punish egregious behavior and deter others. New York imposes no cap on punitive damage awards, and juries in DUI cases have discretion to award significant amounts above and beyond actual losses. The criminal case and civil case proceed independently — meaning even if criminal charges are reduced or pleaded down, you can still win full civil compensation. See Brett Nomberg’s verdicts and settlements page for results in cases involving serious crashes.

Step 1: Move to Safety and Call 911

The moment a drunk driver hits you, your first priority is safety. If vehicles are driveable, move them out of active traffic lanes and activate hazard lights immediately. Do not attempt to physically restrain or confront the other driver. Call 911 and specifically tell the dispatcher that you believe the other driver may be impaired — this ensures a sobriety test is administered at the scene and that the responding officer’s report documents signs of intoxication. The police report will note the officer’s observations of the driver’s behavior, speech, balance, and any field sobriety or breathalyzer test administered. This report becomes a foundational piece of evidence in your civil case. Under NY VTL §600, the at-fault driver is legally required to remain at the scene — if they flee, they face additional criminal charges and you may pursue an uninsured motorist (UM) claim or MVAIC claim as well.

Step 2: Document Everything at the Scene

When a drunk driver hits you, the crash scene contains time-sensitive evidence that disappears within hours. Use your phone to photograph and video the following before anything is moved or cleaned up:

• Both vehicles from every angle — all damage points, final resting positions, and the distance between vehicles
• License plates of all vehicles involved — including any witnesses’ plates if they leave
• Road conditions, skid marks, and traffic control devices — signals, stop signs, lane markings
• The other driver’s condition and behavior — if it is safe and lawful to do so, video the driver’s demeanor, slurred speech, or unsteady movements. This can be critical evidence if the driver later disputes their intoxication.
• Visible injuries to your body — bruising, cuts, swelling, and seatbelt marks photographed immediately
• All witness contact information — name, phone, and vehicle if applicable. Witnesses to an impaired driver’s behavior are especially valuable in DWI civil cases.

Traffic camera footage at New York City intersections is overwritten within 24 to 72 hours. MTA bus cameras, NYC DOT cameras, and nearby business surveillance video follow similar retention windows. When Brett Nomberg is contacted immediately after a crash where a drunk driver hits you, he sends legal hold letters to preserve this footage before it is gone. Evidence disappears fast — do not wait.

Step 3: Seek Medical Evaluation Within 24 Hours

Even if you feel fine immediately after a drunk driver hits you, seek medical evaluation the same day. Traumatic brain injuries, spinal cord damage, internal bleeding, and soft tissue injuries are frequently painless in the first hours after a crash — adrenaline masks pain. Delayed medical treatment gives insurance adjusters grounds to argue your injuries were caused by something other than the crash. Visit an emergency room, urgent care facility, or your primary care physician. Request all documentation in writing — emergency room reports, diagnoses, imaging results (X-ray, MRI, CT scan), and prescription records. Keep copies of every document and receipt. These records form the medical foundation of your personal injury claim. Learn more about the most common injuries in DWI crashes including traumatic brain injury and spinal cord damage.

Step 4: Do Not Communicate With the Drunk Driver

After a drunk driver hits you, limit all contact with the at-fault driver to the exchange of required information — name, driver’s license, plate number, and insurance carrier. Do not argue, apologize, or discuss what happened. Do not accept money on the spot. Do not post anything about the crash on social media — insurers monitor social media activity and will use posts, photos, or comments to argue your injuries are less severe than claimed. Once you retain Brett Nomberg, all communication with the at-fault driver’s insurance company is handled by his office. The at-fault driver’s insurer is not on your side — their goal is to settle your claim for as little as possible.

Step 5: Notify Your Own Insurance Carrier

New York’s no-fault system requires you to report the crash to your own insurer and submit an NF-2 no-fault application within 30 days of the accident. If you miss this deadline, your access to PIP benefits — which cover up to $50,000 in medical expenses and a portion of lost wages — is forfeited. When notifying your insurer, stick strictly to factual information: time, location, vehicles involved. Do not speculate about the other driver’s condition or provide a recorded statement without first speaking to Brett Nomberg. Keep written records of every conversation with your insurer — date, time, representative’s name, and what was discussed.

Step 6: Contact Brett Nomberg Immediately

When a drunk driver hits you, early legal involvement is not optional — it is essential. Insurance adjusters begin building a defense against your claim the moment the crash is reported. Brett Nomberg moves immediately to preserve surveillance footage, subpoena the DWI arrest and BAC records, identify all liable insurance policies, and prevent the opposing insurer from obtaining damaging statements. Look for an attorney with specific experience in DUI-related injury claims in New York, not a general practice lawyer. Share your police report, medical records, photos, and any evidence you have collected at the first meeting. Brett evaluates every legal avenue — including punitive damages — and handles all contact with the at-fault driver’s insurer directly. Call Brett at (212) 808-8092 any time — 24 hours a day, 7 days a week, including weekends and holidays.

Step 7: Understand What You Can Recover

When a drunk driver hits you in New York and your injuries meet the serious injury threshold under Insurance Law §5102(d), your claim can include the following categories of damages:

• All medical expenses — emergency room, hospitalization, surgery, specialist treatment, physical therapy, medication, and medical equipment, both past and future
• Lost wages — income lost from missed work during recovery, documented by pay stubs and employer verification
• Loss of earning capacity — if your injuries permanently reduce your ability to earn at your prior level
• Pain and suffering — physical pain, emotional distress, anxiety, depression, and loss of enjoyment of life; only recoverable through a civil lawsuit, not no-fault benefits
• Property damage — vehicle repair or replacement costs beyond what PIP or collision coverage provides
• Future medical costs — projected costs of ongoing treatment, long-term care, or permanent disability management
• Punitive damages — available in DWI cases where the driver’s conduct meets New York’s “willful and wanton” misconduct standard; no statutory cap applies
• Wrongful death damages — if a drunk driver hits you and a family member is killed, including funeral expenses, loss of financial support, and loss of parental guidance; see the wrongful death practice page

A DWI conviction against the at-fault driver does not block your civil claim — in fact, it strengthens it significantly. The criminal conviction is admissible in civil proceedings as evidence of negligence per se. Even a guilty plea to a lesser charge creates a record of impairment that Brett Nomberg uses on your behalf.

Step 8: Keep a Daily Recovery Journal and All Records

Starting the day after a drunk driver hits you, keep a written daily journal documenting your pain levels (1–10), mobility limitations, sleep disruption, and how your injuries affect work, family life, and activities you previously enjoyed. This journal becomes evidence of non-economic damages — pain and suffering — that medical records alone cannot capture. Save every financial receipt connected to the accident: prescriptions, medical equipment, rideshare or taxi costs to appointments, and out-of-pocket expenses of any kind. Track all communications with medical providers, insurance representatives, and your legal team — date, time, name, and substance of every conversation. This documentation discipline produces stronger, better-supported claims.

Step 9: Know the Statute of Limitations

New York allows you three years from the date of the crash to file a personal injury lawsuit under CPLR §214. However, several earlier deadlines can permanently eliminate part of your claim if missed:

• 30 days — NF-2 no-fault application must be filed with your insurer or PIP benefits are lost
• 90 days — Notice of Claim under GML §50-e must be filed if a government vehicle or public roadway defect was involved
• 3 years — Standard statute of limitations for filing a personal injury lawsuit against private parties under CPLR §214
• 2 years — Statute of limitations for wrongful death claims under EPTL §5-4.1

Waiting to contact an attorney is the most common mistake made when a drunk driver hits you. Evidence is destroyed, witnesses become unreachable, and deadlines arrive faster than victims expect. Visit nycourts.gov for official New York court filing information, and call Brett Nomberg immediately to ensure no deadline is missed.

Step 10: Prepare for the Legal Process

Once a lawsuit is filed after a drunk driver hits you, the legal process typically involves discovery — which includes document demands, depositions, and exchange of medical records and expert reports. Brett Nomberg prepares every client for what to expect at each stage. In DWI cases, the at-fault driver’s BAC records, prior DWI history, and criminal case records are subpoenaed and used in the civil case. Expert witnesses — including accident reconstruction specialists and medical experts — may be retained to establish the full scope of your injuries and the driver’s intoxication level at the time of impact. Many DUI injury cases resolve in settlement negotiations before trial; others proceed to verdict. Brett advises on whether a settlement offer adequately compensates your full damages — including future medical costs and punitive damages — before any offer is accepted.

New York DWI Laws and How They Affect Your Civil Claim

Under New York VTL §1192, it is a criminal offense to drive with a blood alcohol content (BAC) of 0.08% or higher (DWI) or while impaired by alcohol or drugs (DWAI). A BAC of 0.18% or higher triggers Aggravated DWI charges with enhanced penalties. When a drunk driver hits you and is charged or convicted under §1192, that criminal record is directly usable in your civil case. Under New York evidentiary rules, a criminal conviction establishes facts that cannot be relitigated in civil court — meaning a DWI conviction or guilty plea removes the defendant’s ability to deny intoxication in your lawsuit. The higher the BAC, and the more prior offenses the driver has, the stronger the case for punitive damages becomes.

What If the Drunk Driver Was Uninsured or Underinsured?

When a drunk driver hits you and the at-fault driver has no insurance, your own uninsured motorist (UM) coverage is your primary recovery path. Every New York auto insurance policy is required to include UM coverage. If the drunk driver’s policy limits are inadequate to cover your damages, your underinsured motorist (UIM) coverage compensates the gap above the at-fault driver’s policy. If the driver fled the scene as a hit-and-run, you may file a claim with New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC), which compensates victims of uninsured and hit-and-run drivers. Brett Nomberg pursues all available insurance layers simultaneously to maximize your total recovery. Learn more about all available compensation paths on the personal injury practice page.

Frequently Asked Questions

About Brett J. Nomberg

Brett J. Nomberg has practiced personal injury law in New York for more than 30 years. When a drunk driver hits you, Brett personally manages every aspect of your case — clients speak directly with Brett, not a paralegal or junior associate. He is available 24 hours a day, 7 days a week, including weekends and holidays, because DWI crashes happen at all hours. His record includes a $4.5 million verdict for a brain injury, $3.9 million in a case where evidence was concealed, and $1.7 million in a case where a surveillance tape was hidden — all results built on fast, thorough evidence preservation. Brett handles car accident, pedestrian accident, brain injury, and wrongful death cases for DWI victims. Learn more at his attorney profile page. All cases are handled on a contingency fee basis — there is no fee unless Brett wins.

A Drunk Driver Hits You — The Next Call You Make Changes Everything

When a drunk driver hits you, the decisions you make in the next 24 hours determine whether you receive full compensation or lose the evidence that makes your case. Visit brettnomberglaw.com, call (212) 808-8092 any time — 24/7 — or reach Brett through the online contact page. There is no fee unless we win.