Do I have to wait for the criminal case to finish before I can file a claim?

You can pursue an insurance claim or a lawsuit against the drunk driver who injured you before the driver’s criminal DUI case is finished. However, depending on the circumstances of your case, you may benefit from waiting until the other driver is convicted for DUI. With a DUI conviction, the driver’s intoxication at the time of the accident becomes a legal fact. In addition, a DUI conviction may allow you to argue that the other driver’s negligence should be presumed because they were breaking the law at the time of the accident.