Good question. If the accident occurred in a comparative neligence state for personal injuries and the police report concerning the incident places fault upon the intoxicated pedestrian for causing the automoible accident involving your daughter, your daughter can make a claim or bring a legal action against the pedestrian for her damages.Her damages would consist of, but are not limited to:1. repairing the vehicle.2. medical bills.3. lost wages.4. pain and suffering.5. rental car if need be.