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Road accidents resulting from a drunk driver. If you or someone you love has been affected by a drunk driver we can help you make a no win no pay claim.

The legislation regarding drink driving accidents varies throughout Australia. For this reason, we have created separate pages with specific legal information for each jurisdiction.



To speak to someone regarding your experience call 1800 106 107. We can quickly help you understand your rights and make you aware of any entitlements.

My accident was caused by a drunk driver can I still make a claim?

Drink driving fatalities make up for nearly a quarter of all the road fatalities in Australia. Being involved in a road accident caused by a drunk driver is an upsetting experience. It can feel especially upsetting if you got in the car with one and they never mentioned they were drunk, or someone under the influence crashed into you.

If you are injured in a road accident as a result of a drunk driver you will be eligible for compensation. If you make a claim against an intoxicated driver with Millner and Knight you can do so via a conditional costs agreement. This means that in the rare event your claim is not successful, you won’t need to pay towards costs.

If you were a passenger in an accident and you were aware that the driver was drunk you may receive a reduced amount of compensation due to contributory negligence.

What liability do drunk drivers have?

When a person is found guilty of being under the influence, they basically wave their rights away and are automatically considered at fault due to negligence.

Anyone caught drink driving will be ordered to appear in court and could be fined, suspended, banned indefinitely or imprisoned. If you been injured at the hands of a negligent driver and your worried you might have to go to court, please don’t worry. Most compensation claims are settled without needing to go to court.

What type of claims do Millner and Knight Accept?

Our lawyers handle all types of compensation claims from minor whiplash claims to serious and fatal road accident claims.

Some of the most common types of claims our lawyers handle caused by drink drivers include:

  • Pedestrians hit by drunk drivers
  • Road users hit by a drunk driver
  • Cyclists hit by a drunk driver
  • Occupants of a vehicle driven by a drunk driver

What if I win my claim against a drunk driver?

If your claim against a driver found to be under the influence of alcohol is successful you will be awarded compensation. Once your claim is settled your lawyer will deduct the legal fees which you already agreed on prior to your claim commencing from your settlement.

Please note that in most cases the losing party will pay a large portion of your legal fees so the fees your lawyer takes will only be a small percentage.

Once your claim is settled you are free to spend your compensation however you wish.

How much compensation can I get?

The amount of compensation owed to you after suffering at the hands of a drink driver will depend on the severity of your injuries as well as the State in which the accident took place.

Some of the main things your lawyer will consider when they negotiate your compensation include.

  • Any time off work and lost earnings
  • Any future lost earnings
  • Any changes in your ability to work
  • Care or support, even if given to you for free by family or friends
  • Any adaptations you might need to your home or motor vehicle
  • Travel and accommodation expenses

Unfortunately, at this stage, we can’t tell you exactly how much compensation you will receive, but you can make your own assessment using our compensation calculator here.

Who pays my compensation?

Compulsory Third-Party Insurance covers the liability of drivers found at fault for causing injuries to other road users.

So if you have been involved in a road accident with a drunk driver your lawyer will seek compensation from the drunk driver’s CTP insurer.

We deal with state insurance companies such as ICWA and TAC on a near-daily basis. When you make a claim with Millner and Knight we won’t stop fighting until you get every bit of compensation you’re owed.

How can I start my claim?

The best way to start your claim is to call our friendly experts free on 1800 106 107. During your call they will be able to let you know:

  • whether or not you’re eligible to make a claim
  • If you can utilise a CCA
  • Your chances of success
  • What you can achieve

We will also discuss their legal fees with you in great detail. You will then be left to decide whether claiming compensation is right for you or not.

Millner and Knight never pressure anyone into making a claim they call. Our advice is 100% free and impartial, were happy just letting you know where you stand

If you don’t feel like talking to someone just yet, you can also start your claim online and we will call you back when you tell us to.