Assuming the driver had insurance then if the accident were his fault his insurer would have to pay out. The insurance company cannot nullify the policy except in very specific circumstances and that is not due to drunkenness.
If the guy is not insured then you need to claim to the Motor Insurance Bureau. This is funded by a levy on motor insurers but is passed on in extra premium. Each of us with motor insurance is paying an average of £40 per policy into the MIB.
The Ombudsman takes up complaints from people who think an insurer has behaved unfairly. You need to go through the insurer's own complaints procedure first, but I'd recommend asking at the first stage for detials of the Ombudsman scheme as it focuses the mind. The media may also help apply pressure.
I'm a former editor of Insurance Times and twice the British Insurance Brokers' Association consumer journalist of the year (once tabloid, one broadsheet).
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