I am a CA lawyer. Yes, you have the right to make a claim against the drunk driver. In fact, if the driver was arrested and is convicted of driving under the influence, you will be a stronger position. If you have an injury, make sure that you are being treated by a doctor. It is also advisable to take photographs of your car and any visible injuries on your body. Finally, I recommend that you hire an attorney to represent you in this case. Lawyers who handle personal injury cases, such as myself, handle these matters on a contingent fee basis. What that means is that you will not have to pay the lawyer for the work being done until the case settles. The lawyer charges a fee, typically 331/3%, of the personal injury recovery. One more thing, my office, like most others, does not charge a fee to help negotiate any property damage repair or recovery. Good luck. Look on AttorneyPages.com for a lawyer in your area.