What If The Other Driver Was Drunk
You think the driver who hit you had been drinking and want to know what changes.
If the other driver had been drinking, the steps of your claim stay the same. Drink-driving is strong evidence that they were careless. Your civil claim for compensation still runs separately from any criminal case against them.
A criminal charge does not make your compensation automatic. The two processes are separate.
Two separate processes, not one
A drink-driving charge is a criminal matter between the state and the driver. Your claim for compensation is a civil matter. It is pursued against the driver and, in practice, usually their insurer. A conviction does not by itself produce a payment to you.
A conviction, or a clear breath test result, can still be useful evidence. It supports your account of how the accident happened.
Why this evidence carries weight
Courts and insurers treat driving under the influence as a strong sign of careless driving. It affects reaction time, judgement and control of the vehicle. It does not replace the usual evidence. The police report, witness accounts and the damage pattern still matter.
What to record at the scene
Note what you observed: the smell of alcohol, slurred speech or unsteady movement. Do not guess at details you did not witness. Tell the police clearly, and let any official test confirm what you saw.[1]
Limits to keep in mind
The insurer may still ask about the full circumstances. The civil claim still has to be proved properly. Check the driver’s policy position before assuming the insurer will pay.
What to do next
Get medical treatment and keep every record. You do not need to wait for the criminal case to finish before starting your claim. A road accident claim sets out the steps whatever the other driver did.
This is also the point where an independent lawyer can take the claim on and deal with the insurer for you. Send the accident date, where it happened, whether anyone was injured (yes/no) and the police report status.
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.
Common questions
Does a drunk driver automatically lose the fault argument?
Drink-driving is strong evidence of careless driving and usually points to that driver's fault. Your claim still needs the police report and any witnesses.
If the driver is convicted criminally, does that mean I automatically get compensation?
No. A criminal conviction and your civil injury claim run on separate tracks. The conviction can support your case, but compensation still comes through the civil claim process against the driver's insurer, not the criminal court.
Will the insurer definitely pay if the driver was drunk?
Malaysian law generally requires an insurer to satisfy a valid judgment for a third party's injury. Policy terms can vary, so do not assume either way.
Should I mention the drinking in my police report?
Yes, state honestly what you observed, such as the smell of alcohol or unsteady behaviour, without guessing at details you did not actually witness. Let the police and any breath or blood test establish the rest.
Sources
- Road Transport Act 1987, s.52 (Ministry of Transport) (accessed 2026-09-22)
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.