If the driver who hit you was drinking, that in and of itself may be grounds for punitive damages, assuming that the accident was that driver’s fault. Certainly in that situation, I would hope you would call the police. The police would investigate the accident, and you should point out to the officer if the officer doesn’t already realize that you’ve had indications that that person was drinking. The officer would generally require that person to submit to a field sobriety test and then perhaps a Breathalyzer. If the officer has basis to come to the conclusion that that person is under the influence, they’ll be charged with driving under the influence. That certainly will help your case. But, whether or not the person is charged, if they are at fault for the accident, then they are liable.