Does an Unlicensed Driver Have to Pay for Damages in California?

In California, an unlicensed driver doesn’t necessarily have to be the one to pay for damages after a car accident. Regardless of their registration, courts determine who must pay damages by assigning everyone involved in the incident a percentage of fault. Not being licensed could raise their percentage of fault. Even if the victim is found to be partially at fault for the incident, they can still recover compensation. Any compensation awarded is reduced by the victim’s percentage of fault.

Should I Call the Police After a Car Accident With an Unlicensed Driver?

After a car accident with an unlicensed driver, you should call the police to report what happened. This is a good rule to follow for every accident, no matter how minor. It’s crucial to have law enforcement write up an incident report after the accident so it can be used as evidence in your legal case. Legally, those involved in accidents must report the accident if someone is injured, dies, or the crash caused $1,000 worth of property damage.

Does the Reason Why the Driver Isn’t Licensed Matter in California?

The reason a driver isn’t licensed matters in California, because those reasons carry differing consequences and legal penalties. If the driver just never got a license, they may face either an infraction or a misdemeanor, depending on the specific circumstances. If the driver’s license was suspended for reckless driving, they may face jail time and various fines. First-time offenses have a fine between $300 and $1,000. The fines increase for every additional offense, as well as the jail time.

What Should I Avoid Doing After a Car Accident With an Unlicensed Driver?

After being in a car accident with an unlicensed driver, you want to avoid arguing with them. This could make things heated, making them less likely to cooperate with you by giving their information or cooperating in your legal case. You also want to avoid apologizing to them or admitting fault. Even if you do so instinctively and with good intentions, it may be used against you. It’s better to stay quiet until you’re able to consult with an attorney.

What Is the Average Settlement for Drunk Driving in Southern California?

Home/Blog/What Is the Average Settlement for Drunk Driving in Southern California?

By Brent A. Duque | February 5, 2026

When people are injured in car accidents for any reason, they are often entitled to compensation from the liable party. This is just as true of drunk driving accidents as it is of other types of crashes. The question is: What is the average settlement for drunk driving in Southern California?

Table of Contents

What’s Considered a Drunk Driving Accident?

Before discussing the factors that go into determining a fair settlement for a drunk driving accident, it’s worth clarifying what’s considered an alcohol-related crash. In California, the legal limit for blood alcohol concentration while driving is 0.08 BAC.

If the person who hit you had a BAC of 0.08 or higher, there is a presumption of intoxication per se, and your lawyer does not need to prove negligence. If their BAC was below 0.08%, they may still have been intoxicated. You’ll have an easier time proving this element of the case if the other driver is found guilty of driving under the influence in a criminal court. However, a criminal conviction is not necessary to prove negligence or liability.

What Damages Are You Entitled to in a DUI Accident?

You’re entitled to the same damages in a DUI accident as you are in any other car crash. They include:

Medical bills
Lost wages
Loss of earning capacity
Future medical expenses
Pain and suffering
Disfiguration

One difference between drunk driving accident cases and other examples of car accident claims is that DUI penalties in the form of punitive damages are relatively common, while this form of damages is rare in other types of negligence cases. You may be entitled to punitive damages if the driver had an exceptionally high BAC or a history of other drunk driving incidents.

There Is No Such Thing as an Average Settlement

There is no such thing as an average settlement for a drunk driving car accident because every case is so different. The amount of compensation you’re entitled to receive can vary based on factors such as:

Injury severity
Degree of fault
Impact on quality of life
Duration of medical treatment
Amount of lost wages
Extent of property damage
Extent of non-economic damages

Your settlement amount can also depend on how skilled your personal injury lawyer is at negotiating with insurance companies. Keep in mind, however, that if your case must go to trial, you could wind up paying higher associated fees, which could functionally reduce your settlement amount.

Determining Fault in a Drunk Driving Accident

It’s usually fairly easy to determine fault in a drunk driving accident. The intoxicated person is typically the primary liable party, particularly if their BAC placed them over the legal limit at the time of the accident.

Even if you were found to be partially at fault for the accident, you could still be eligible to receive some amount of compensation. California’s pure comparative negligence laws make it possible to recover compensation even if you were 99% to blame for an accident, in theory. You would, however, only receive 1% of the total settlement amount. In other words, the amount of your settlement can be reduced by the percentage of fault you are assigned for the accident.

Drunk Driving Accidents in California by the Numbers

Unfortunately, drunk driving is a serious issue in the Golden State. California has some of the most lenient DUI laws in the country, and DUI-related deaths have been rising over twice as fast here as in the rest of the USA. In 2022, there were 1,479 alcohol-related vehicle fatalities in our state. In 2021, there were 1,344 fatalities and another 28,482 alcohol-related crash injuries. The situation does not appear to be improving.

FAQs

Q: How Much Is an Average Settlement for a Drunk Driving Accident in California?

A: There is no way to say what an average settlement for a drunk driving accident is in California because every case is different. Your settlement amount can vary depending on factors such as the severity of your injuries, whether you are partially at fault for the accident, and the experience level of your lawyer. You can increase your chances of getting a fair settlement when you hire a DUI lawyer.

Q: What Are the Signs of a Good Settlement Offer for a Drunk Driving Accident?

A: The primary sign of a good settlement offer for a drunk driving accident is that it covers 100% of your damages. Damages for DUI accidents can include medical bills, lost wages, future medical expenses, lost earning capacity, and non-economic harm such as pain and suffering and loss of consortium. You can trust your DUI lawyer to help you determine whether the offer made by the liable party’s insurance company is fair.

Q: Can a DUI Be Dismissed in California?

A: A DUI can be dismissed in California if the prosecution lacks sufficient evidence to pursue the charges. This can happen if the defendant’s lawyer is able to get evidence precluded due to violations of their constitutional rights or procedural errors on the part of law enforcement. Even if a defendant’s criminal charges are dismissed, they can still be held liable for the accident via civil claims.

Q: Is It Worth Hiring a Drunk Driving Accident Lawyer?

A: It is worth hiring a drunk driving accident lawyer if you’ve been injured in a crash with someone who was drinking and driving. Your lawyer can take care of the practical aspects of the case, including filing paperwork, keeping up with deadlines, gathering evidence, and negotiating with insurance companies, so that you can focus on healing from your injuries.

Hire a DUI Lawyer

If you’re looking for a DUI accident lawyer to help you with your claim, look no further than Duque & Price. Our team has been practicing personal injury law for years. In that time, we’ve become intimately familiar with California DUI laws and how they apply to our clients’ cases. We can help you file your drunk driving accident claim so that you can get fair compensation that can help you pay bills and move on with your life. Contact us to schedule a consultation.

About The Author

Brent A. Duque

From humble beginnings and son of hard-working immigrant parents, Brent Duque was raised in La Puente, California. After graduating from West Covina High School and Mt. San Antonio College, Mr. Duque went on to graduate from Cal State University Fullerton with a Bachelors degree in Political Science. After obtaining his undergraduate degree, Mr. Duque did his graduate studies in Education and Public Administration at California Polytechnic University Pomona. After working for other firms, Mr. Duque knew that if he opened his own firm, he could provide more aggressive representation, better communication with clients, and secure larger settlements and verdicts for his clients. In 2006, he started his firm and has had a remarkable and successful career that he attributes to his firm’s aggressive and relentless pursuit of justice for his clients. As owner and managing attorney of the firm, Mr. Duque has fought for and secured millions of dollars for his clients.

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