Wondering What a Drunk Driving Accident Claim Might Be Worth?
Getting hit by a drunk driver is more than just another car accident—it’s a reckless, avoidable act that leaves real people facing serious injuries, medical bills, and lost time from work.
If you’re searching for the average settlement when hit by a drunk driver, you’re probably trying to figure out what your case is worth and what to expect next.
The truth? Every case is different. This post breaks down what actually drives the value of a drunk driving claim in Utah: punitive damages, the available insurance, the criminal case, and the evidence.
Is There an Average Settlement for Being Hit by a Drunk Driver?
Not really—and any article claiming otherwise is oversimplifying a complex, case-specific process.
Most settlements are private, so there is no reliable public average for Utah DUI crash claims. Value comes down to how large the losses are and how much money is available to pay them.
Settlement values depend heavily on:
- The severity of your injuries
- Medical expenses (past and future)
- Loss of income or earning capacity
- Pain and suffering
- Emotional distress or PTSD
- Punitive damages (possible in DUI crash cases)
- Wrongful death damages, if applicable (see our guide to wrongful death claims in Utah)
- The insurance limits on every policy that applies
Why Drunk Driving Claims Are Treated Differently
Here’s what makes DUI injury claims different: intentional recklessness.
Drunk drivers make a conscious choice to get behind the wheel impaired. Under Utah law, this opens the door to punitive damages—additional compensation designed to punish and deter dangerous behavior.
Utah Relaxes Its Usual Punitive Damages Rules for DUI
Normally, punitive damages require clear and convincing evidence of willful and malicious conduct or knowing and reckless indifference (Utah Code 78B-8-201(1)(a)). Those standards do not apply to a punitive claim arising from driving while intoxicated in violation of Utah’s DUI statute (78B-8-201(1)(b)), which sets a .05 blood or breath alcohol limit (Utah Code 41-6a-502).
Two limits matter. When a court awards punitive damages, anything above the first $50,000 is split equally with the state (78B-8-201(3)). And Utah forbids insurers from insuring against punitive damages (Utah Code 31A-20-101(1)(d)), so collecting a punitive award depends on the driver’s own assets.
That’s why DUI cases often carry more settlement pressure than a typical car accident. Insurance companies know juries are less sympathetic to drunk drivers, and the driver personally faces any punitive award.
If the Drunk Driver Was on the Job
One 2026 change to know: an employer cannot be held liable for punitive damages simply because it employed the drunk driver. For claims arising on or after May 6, 2026, you must show by clear and convincing evidence that the company itself acted willfully, maliciously or recklessly, authorized or ratified the conduct, or was reckless in hiring or keeping the driver (Utah Code 78B-8-204). The statute expressly applies this rule to DUI punitive claims too (78B-8-204(4)).
What Victims in Salt Lake City Should Expect
Salt Lake City and surrounding areas like West Valley, Sandy, and Ogden are no strangers to DUI crashes. If you’ve been hit by a drunk driver in Utah, you’re entitled to seek full compensation for your losses.
Here’s a snapshot of what your settlement could include:
- Economic damages: Medical bills, physical therapy, prescription meds, lost income, home modifications, future surgeries
- Non-economic damages: Pain and suffering, emotional trauma, reduced quality of life
- Punitive damages: A jury may award additional money to punish the drunk driver
At West Injury Law, we pursue every category of damages the law allows.
What If the Drunk Driver Wasn’t Insured?
Often the real ceiling on a recovery is the insurance. Utah’s minimum liability coverage for policies issued or renewed since January 1, 2025 is $30,000 per person and $65,000 per crash (Utah Code 31A-22-304(2)). If the drunk driver who hit you doesn’t have enough coverage, you still have options:
- Uninsured/Underinsured Motorist Coverage (UM/UIM): Your own insurance may step in to cover the gap
- Personal Injury Protection (PIP): Utah is a no-fault state, so your PIP will cover initial medical bills, at least $3,000, plus part of lost wages (Utah Code 31A-22-307)
- Dram Shop Claims: A bar, restaurant or other business that served the driver can be liable in some cases
How UIM works. Utah underinsured motorist coverage is added on top of the at-fault driver’s liability limits, not reduced by them (Utah Code 31A-22-305.3(3)(k)). But you generally cannot stack UIM limits from several vehicles or policies, except in narrow cases such as being hit as a pedestrian (31A-22-305.3(4)).
Stepping outside no-fault. To claim pain and suffering from the driver, you need more than $3,000 in medical expenses or a listed injury such as a fracture or permanent impairment (Utah Code 31A-22-309(1)).
When a bar shares the blame. Under Utah’s dram shop law, a business that served someone under 21 or someone apparently intoxicated can be liable when that intoxication causes a crash (Utah Code 32B-15-201). That claim excludes punitive damages, is capped at $1,000,000 per person and $2,000,000 per occurrence, and has a two-year deadline (32B-15-301).
The Criminal DUI Case and Your Injury Claim
The DUI prosecution and your injury claim run on separate tracks.
- Restitution is limited. If the driver is convicted, the court must order restitution for the pecuniary damages the crime caused (Utah Code 77-38b-205). Pecuniary damages exclude pain and suffering and punitive damages (77-38b-102(19)(b)), so restitution does not replace the civil claim.
- How the driver pleads matters. A guilty plea can generally be used against the driver in the civil case; a no contest plea cannot (Utah Rule of Evidence 410(a)(2)).
- Don’t count on the criminal case to extend your deadline. A narrow rule lets a victim sue within one year after the criminal case ends, even past the usual deadline, but only when the driver was charged with a felony offense against the person, such as automobile homicide (Utah Code 78B-2-119). It does not require the driver’s insurer to cover a claim that would otherwise be late, so plan around the normal deadlines.
Evidence That Proves a Drunk Driving Claim
Much of the proof sits in someone else’s hands, and some is erased on a schedule:
- Breath or blood test results and the officer’s observations
- The police report and DUI report
- Bar receipts or card statements showing where the driver was drinking
- Video from dash cams, body cams, nearby businesses and bar security cameras
The police report works differently than people expect. Those involved in the crash can get it, though the agency may hold it back during an ongoing criminal investigation or prosecution. And the report itself cannot be used as evidence at a trial arising from the crash (Utah Code 41-6a-404). It is a roadmap; at trial the proof comes from the officer’s testimony, the test results and the witnesses it names.
Don’t Settle for the Insurance Company’s First Offer
Insurance companies want to protect their bottom line—not your best interests.
They may:
- Downplay the seriousness of your injuries
- Try to shift blame or deny liability
- Offer a quick, lowball settlement before you realize the full extent of your damages (see our guide to the first settlement offer)
Even in DUI cases, adjusters shift blame. Under Utah’s comparative fault statute, you can recover as long as your fault is less than the defendants’, with damages reduced by your share (Utah Code 78B-5-818). The seatbelt defense does not work here: not wearing one is not comparative negligence and cannot be used as evidence on negligence, injuries or mitigation of damages (Utah Code 41-6a-1806).
That’s why it pays to work with a Salt Lake City drunk driving accident lawyer. At West Injury Law, we don’t just “handle” your case—we fight for it.
How Our Salt Lake City Injury Lawyers Help
From the moment you contact us, we go to work building your case:
- Preserving evidence (dash cams, police reports, BAC levels)
- Working with medical experts to document your injuries
- Calculating damages accurately, including future care and wage loss
- Negotiating with insurers
- Preparing for trial if they won’t do the right thing
Once you sign, we handle all communication with the insurance companies, and you get an update at least monthly. You focus on healing. We’ll focus on securing full compensation.
Deadlines After a Drunk Driving Crash
Utah gives you four years to sue for most personal injuries (Utah Code 78B-2-307). A wrongful death claim must be brought within two years (78B-2-304), and so must a dram shop claim.
What to Do After Being Hit by a Drunk Driver
If you’ve been injured by a drunk driver, time is critical. Here’s what to do:
- Call 911 and report the accident
- Get medical attention, even if injuries seem minor
- Take photos of the scene and your injuries
- Get witness contact info
- Request a copy of the police report
- Call West Injury Law before speaking with any insurance company
The sooner we can step in, the better your chances of recovering full damages.
Drunk Driving Claims: Common Questions
Will the drunk driver’s insurance pay punitive damages?
No. Utah bars insurers from covering punitive damages, so a punitive award has to be collected from the driver.
Do I have to wait for the DUI case to finish?
No. You can open your insurance claims right away, and the normal civil deadlines keep running while the criminal case is pending.
What if the driver was never convicted?
You can still recover. A conviction requires proof beyond a reasonable doubt; a civil claim uses a lower standard. The punitive damages DUI exception turns on whether the driver drove while intoxicated, not on a conviction.
Talk to a Drunk Driving Accident Lawyer in Salt Lake City Today
Every day you wait, evidence disappears—and the insurance company gains an advantage.
At West Injury Law, we represent people across Utah who have been hit by a drunk driver. Whether your case involves mild injuries or life-changing trauma, we’re ready to stand beside you—and go toe-to-toe with insurers trying to shortchange your pain.
Call us now for a free, no-obligation consultation by phone, video or in person. You pay nothing up front, and no attorney fees unless we win.
Our office is in Draper, and we represent clients across the Salt Lake Valley and Utah. Serving all of Utah.
You didn’t ask to be hit by a drunk driver. But you can demand justice. Let’s make it happen.