Dwi Accidents And Auto Insurance: What's Covered?

Driving under the influence of alcohol is a serious offence and can lead to devastating consequences. If you are involved in an accident while intoxicated, you may be wondering if your auto insurance will cover the damages. The answer is that it depends on the specifics of your policy agreement and the state in which you live. In most cases, auto insurance policies do cover accidents caused by driving under the influence (DUI) or driving while intoxicated (DWI). However, insurance companies may try to deny coverage by arguing that drinking and driving is intentional conduct. On the other hand, some states, like New York, have laws that prohibit insurance companies from denying medical coverage to individuals involved in a DUI.

Does auto insurance cover damages to your own vehicle in a DWI accident?

Whether your auto insurance covers damages to your own vehicle in a DWI (Driving While Intoxicated) accident depends on the specifics of your policy agreement and the state in which the accident occurred. In some cases, your insurer may deny coverage because you were committing a crime or partaking in illegal activity. However, in most states, a car insurer cannot deny a collision or comprehensive claim, regardless of whether the driver was intoxicated.

If you have collision and comprehensive insurance coverage, your insurer will pay for damages to your own vehicle up to your policy limit. On the other hand, if you only have the state's minimum required coverage, your insurer will cover damages caused to other people but not to yourself if you are the at-fault party.

It is important to note that even if your insurer covers damages to your own vehicle in a DWI accident, there may be other consequences. Your insurance rates may increase significantly, and your insurer may choose to drop you or refuse to renew your policy. Additionally, you may face legal repercussions, including fines, jail time, and a criminal record.

Does auto insurance cover damages to other vehicles in a DWI accident?

Whether your auto insurance covers damages to other vehicles in a DWI (Driving While Intoxicated) accident depends on several factors. Firstly, it is important to understand that a DWI is considered a criminal offence and can result in various legal consequences such as fines, license suspension, and even jail time. Additionally, a DWI on your record can lead to significant increases in your insurance rates, with some sources stating that rates can go up by as much as 127%.

Now, addressing the specific scenario of damages to other vehicles in a DWI accident, there are a few key considerations:

• Liability Coverage: If you are at fault for the accident, your liability coverage will typically cover the damages to the other driver's vehicle. This is a standard component of most auto insurance policies and helps pay for repairs or replacement of the damaged property.
• Policy Exclusions: It is crucial to carefully review the terms and exclusions of your auto insurance policy. Some policies may specifically exclude coverage for accidents where the insured driver is intoxicated. In such cases, your insurance company is likely to deny your claim.
• Intentional Conduct: Some insurance companies may argue that driving while intoxicated is a form of intentional conduct, as you intentionally chose to drink and drive. If this argument is accepted, they may deny coverage for any damages caused by you, including damage to other vehicles.
• State-Specific Variations: It is worth noting that insurance regulations and DWI penalties can vary from state to state. The length of time a DWI stays on your record, the specific consequences, and the way insurance companies handle DWI accidents may differ depending on your location.

In summary, while auto insurance typically covers damages to other vehicles in a DWI accident under the liability coverage, there is no guarantee. Insurance companies may deny coverage if they deem the accident to be a result of intentional conduct or if there are specific policy exclusions. It is essential to carefully review your policy and understand the regulations in your state.

Does auto insurance cover medical bills in a DWI accident?

Driving under the influence of drugs or alcohol is illegal, but your auto insurance will typically cover a DUI accident. This is because your crime is considered accidental; you didn't intend to get into an accident. However, this is not guaranteed and depends on the state you live in, the insurance company, and the specific insurance policy.

If you are convicted of a DUI, your auto insurance rates will skyrocket, and you may even be denied coverage in the future. Your insurer could also cancel your policy or fail to renew it.

In the state of New York, it is against insurance law to deny medical coverage to a person involved in a DUI. If you have health insurance, that policy will apply before your "no-fault" auto insurer pays for medical treatments and lost wages up to your Personal Injury Protection (PIP) policy limit.

If you are the victim of a DUI accident, your auto insurance policy will cover the cost of any medical bills or property costs. If the drunk driver is uninsured, you will need to turn to your PIP insurance for coverage of your medical expenses and the cost of any property damage. If your insurance policy includes uninsured motorist coverage, this policy can help pay for losses sustained by an uninsured motorist or a drunk driver who flees the scene.

What happens to insurance premiums after a DWI accident?

A DUI conviction will almost certainly lead to a significant increase in your insurance premium. The exact amount will depend on your insurer, your state, and your policy, but you could be paying several hundred dollars more per year. In some cases, your premium could double.

Insurance companies view DUI convictions as a sign that a driver is high-risk, and will therefore charge more for coverage. This is especially true if you have multiple DUI convictions.

In addition to higher premiums, you may also need to obtain SR-22 insurance, which is a type of insurance specifically for high-risk drivers. This will require you to pay an additional annual fee to retain your license.

Your insurance premium will likely be affected for as long as the DUI is on your record, which could be five to ten years, or even longer in some states.

It's important to note that the impact of a DUI on your insurance premium will vary depending on your specific circumstances. Some insurers may refuse to renew your policy or provide coverage at all following a DUI conviction. In this case, you may need to look for a different insurance provider.

To mitigate the impact of a DUI on your insurance premium, you can try shopping around for a new insurer, increasing your deductible, or asking about discounts you may still be eligible for. Taking a defensive driving course or maintaining a safe driving record can also help lower your premium over time.

What to do if your insurer refuses to pay for a DWI accident?

Whether your auto insurance covers a DWI accident depends on the specific wording of your policy agreement. In some cases, the insurer will deny coverage because you were partaking in illegal activity. In other cases, the insurer may cover the damages.

If your insurer refuses to pay for a DWI accident, here are some steps you can take:

Review your policy agreement

Firstly, carefully review the details of your insurance policy. The specific coverage and exclusions will be outlined in your policy agreement. Look for any clauses or exclusions related to DWI accidents. Understanding the terms of your policy will help you assess your options for coverage.

Consult with a lawyer

Consider consulting a lawyer, who can help you interpret the legal language in your policy agreement and determine if your insurer is acting within their rights by denying coverage. A lawyer can also advise you on your legal rights and options for seeking compensation. They may be able to help you negotiate with the insurer and convince them to change their decision.

Explore alternative coverage options

If your auto insurance policy does not cover DWI accidents, you may need to explore alternative coverage options. For example, if you have health insurance, it may cover your medical bills after a DWI accident. Additionally, your passengers' medical bills should be covered by their own health insurance and Personal Injury Protection (PIP) or uninsured motorist coverage if they have it.

Understand your rights as a policyholder

It is important to know your rights as a policyholder. Insurers cannot drop you immediately after a DWI, but they may refuse to renew your policy later on. They may also significantly increase your premium, as they now consider you a "high-risk" driver. If you feel you are being treated unfairly, especially if your charges were dropped or reduced, you have a legal right to seek counsel.

Seek compensation through other means

If your insurer continues to refuse coverage and you are facing financial liability, you may need to explore other avenues for compensation. This could include seeking a settlement from the other driver (if they were at fault) or pursuing a personal injury lawsuit if you were injured in the accident. A lawyer can guide you through these options and help protect your interests.

Frequently asked questions