Drunk driver slammed into me at a dead stop — what actually happens next?

Do NOT pick up that phone. I cannot stress this enough. The insurance company is calling you that fast because they want to get a recorded statement while you're still in pain and disoriented. Anything you say can be used to lowball or deny your claim later. Let your attorney handle all communication with them — that's literally what they're there for.

I went through something almost identical about two years ago — different circumstances but same situation where the other driver was impaired and I was completely stopped. The DUI arrest absolutely matters. My attorney explained that it creates a paper trail that's really hard for the insurance company to ignore. Hang tight, it's a slow process but being a stopped vehicle with a drunk driver on record is about as clear-cut as these cases get.

Please take the concussion seriously even if it feels 'mild.' Symptoms can get worse before they get better and a lot of people push through the first few days and then crash hard. Rest your eyes, limit screens as much as you can (I know, easier said than done), stay hydrated, and go back to the ER if the headache intensifies, you feel confused, or you start vomiting. Document every single symptom in a notes app with timestamps — that stuff matters medically AND legally.

Not legal advice, but generally speaking — a DUI arrest at the scene is significant in civil cases. It can support a claim for what's sometimes called punitive or exemplary damages on top of your actual losses, depending on your state. The criminal case and your civil claim run on separate tracks, so don't wait on one for the other. Good that you've already connected with an attorney. Let them run point.

I used to work on the claims side of things. When a file comes in with a police report showing an at-fault DUI arrest, it gets flagged immediately internally. The early calls to you aren't goodwill — they're damage control. They want a quick, cheap settlement before you lawyer up or understand what your claim is worth. Since you already have an attorney, just forward any calls or voicemails to them and don't engage directly. You're doing the right thing.

I'm so sorry this happened to you. You literally did nothing wrong and now you're stuck dealing with pain, car damage, insurance calls — it's just so unfair. Please make sure someone is checking on you physically, especially with the concussion. Don't try to tough it out alone.

A couple of practical things worth knowing: First, make sure you get a copy of the full police report as soon as it's available — it will have the DUI notation and arrest details which become part of your claim file. Second, keep a daily journal of your symptoms, what you can and can't do, missed work, even stuff like not being able to sleep or needing help with normal tasks. That kind of documentation builds out the picture of how this is actually affecting your life, which matters when damages are calculated.

Short answers: Yes, the DUI helps you. No, don't talk to his insurance. Timeline depends on your recovery and how hard they fight it — could be months, could be longer if your injuries take time to fully diagnose. Focus on getting medical care, following doctor's orders, and letting your attorney work. That's literally all you can control right now.