Jeffrey Wade
If you have been in a DUI accident, it is important to understand how this may affect your insurance. Firstly, it is crucial to be cautious about what you say to your insurance company to avoid jeopardizing your claim or admitting fault. Insurance adjusters may try to trick you into admitting fault, so it is important to only share the facts and avoid speculations. Admitting fault can give insurance adjusters a reason to deny your claim, devalue your losses, or contest your case. It is also recommended to retain legal representation quickly, as insurance companies often negotiate differently when a lawyer is involved. Your lawyer will fight to secure compensation for your injury-related losses and can help you understand your legal options. Additionally, be mindful of what you share on social media, as adjusters can access this information and use it to contest your case. While DUI is considered reckless and illegal, it is a grey area, and liability coverage will apply even if the accident occurred while you were under the influence. However, your insurance company may increase your premium drastically or refuse to renew your policy. It is generally a good idea to be upfront with your insurer to prevent future complications, as they will likely find out about your DUI when it is time to renew your policy.
| Characteristics | Values |
|---|---|
| Admitting fault | Avoid saying anything that could be construed as admitting fault, such as "I didn't see them" or "I'm sorry". Admitting fault can jeopardize your claim and right to damages. |
| Recorded statement | Avoid giving a recorded statement unless instructed to do so by your attorney. |
| Speculation | Stick to the facts and avoid speculating about what may have happened. |
| Intentional misconduct | Insurers are not required to cover intentional acts and may argue that drinking and driving is intentional misconduct. They may not defend you or pay for damages relating to a charge of intentional misconduct. |
| Legal representation | Seek legal representation quickly. A lawyer can review your settlement offer and ensure you receive maximum compensation for your injuries. |
| Medical care | Visit a healthcare provider as soon as possible after the crash. This demonstrates to the insurer that you are committed to recovery. |
| Social media | Be mindful of what you share on social media, as the claims adjuster may access this information and use it to contest your case. |
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What You'll Learn
Admitting fault can jeopardise your claim
Admitting fault after a DUI accident can have serious implications for your insurance claim. Even if you believe you are at fault, it is important to remember that DUI is a complex legal area, and admitting fault can be used against you by insurance adjusters.
Insurance companies aim to make a profit, and they will look for any reason to deny claims or reduce payouts. Admitting fault gives them a valid reason to deny your claim, and they may argue that your actions were intentional, which could void your coverage. Even a simple apology or statement like "I didn't see them" can be used to indicate fault.
In the context of DUI, insurers may argue that drinking and driving is an intentional act, and therefore, they are not obliged to cover any damages. They may claim that a reasonable person would know they should not drive after consuming alcohol or drugs, and your actions were therefore intentional. This is a common tactic used by insurance companies to avoid paying out claims.
To protect yourself, avoid giving any recorded statements or opinions about the accident to the insurance company. Stick to the facts, and do not speculate about what may have happened. It is also advisable to seek legal representation as soon as possible. A lawyer can review your settlement offer and ensure you receive fair compensation for your injuries and damages. They can also help you navigate the complex legal issues surrounding DUI accidents and protect your rights.
Remember, even if you live in a no-fault state, admitting fault gives insurance adjusters an advantage and may result in a reduced payout or a denied claim. It is crucial to be cautious about what you say and always consult with a lawyer before speaking to your insurance company.
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Avoid giving a recorded statement
After a DUI accident, it is important to be cautious about what you say to your insurance company. You should avoid giving a recorded statement unless your attorney tells you to do so. These statements may seem innocuous, but they can be used to show fault and complicate matters. For example, phrases like "I didn't see them" or "I'm sorry" can be used to indicate fault, even if you are not at fault.
Insurance adjusters often try to trick injured accident survivors into admitting fault, and they will use any information you provide to contest your case and offer a lower settlement. They may ask for your opinion or speculation about what happened during the accident, but you should stick to the facts you know and what is on the police report.
It is important to retain legal representation quickly after an accident. A lawyer can review your settlement offer and ensure you receive maximum compensation for your injuries. They can also advise you on what to say and what not to say to the insurance company, protecting your rights and interests.
Remember, insurance companies aim to make money, and they will look for any reason to deny or lowball claims. By having a lawyer on your side, you signal that you mean business and are unwilling to accept anything less than what you deserve.
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Expect increased premiums or denied coverage
If you have a DUI violation, your insurance rate will likely increase. Insurance companies may consider DUI drivers as riskier to insure and may even refuse coverage. Some insurers will refer customers with a DUI to companies that accept DUI drivers, but these companies may still raise rates by about 13% on average after a first DUI. The amount by which your rate increases will depend on factors such as the time passed since the DUI, your age, and your driving history. For example, if you have a clean driving record aside from the DUI, your rate likely won't increase as much. Once the DUI violation is no longer on your motor vehicle report, your insurance rate should decrease.
In some cases, your insurance company may not deny coverage but will still increase your premium drastically. If your coverage is cancelled, a new insurer will likely quote you a similarly high premium. The length of time for which your rates will be affected depends on the state you live in. In some states, a DUI will fall off your record after three years, while in others, it will remain for up to 10 years.
Insurance companies are not required to cover intentional acts, and in the case of a DUI, they may argue that drinking large amounts of alcohol before driving constitutes an intentional act. They may claim that any reasonable person would know that they shouldn't consume a high level of intoxicating substances and then drive. However, this can be disputed with the right defense, and it is important to note that DUI is considered a grey area. While it is reckless and illegal to drive under the influence, you may not have expected to get into an accident. This defense may not hold up in court, but it may be considered when filing a claim with your auto insurer unless they have a specific clause denying coverage for DUI.
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Insurers may argue intentional misconduct
Insurers may argue that drinking and driving is a form of intentional misconduct. This is because, while you might have known that drinking and driving is illegal, you still chose to drink and drive, and therefore intentionally put yourself in a position to cause an accident. In other words, you intentionally drank alcohol, got drunk, and then intentionally got behind the wheel of a car, knowing full well that driving under the influence is dangerous and illegal.
This argument, if accepted, allows the insurance company to disclaim coverage for losses ("damages" in legal terms) resulting from a DUI. This includes injuries and vehicle damage sustained by both yourself and any other passengers or vehicles involved in the accident. It's important to note that even if your insurer agrees to defend you for damages relating to your DUI accident, they will not defend you against a claim of intentional misconduct or pay for any damages relating to such a charge.
In the eyes of the insurer, a DUI conviction makes you a high-risk driver. This label of a "bad risk" may lead the insurer to cancel your coverage altogether. While some states do not permit insurers to cancel coverage due to a DUI, many insurers will not hesitate to do so if they are legally allowed.
It's worth noting that most personal injury claims are based on negligence, or carelessness, rather than intentional misconduct. This is because most people do not act with the intention of harming others. However, in the context of a DUI, a lawyer may add a claim for intentional misconduct against the at-fault DUI driver to increase the chances of receiving compensation for the plaintiff. If the case goes to trial and the jury awards the plaintiff damages for the driver's intentional misconduct, the DUI driver will be personally liable for those damages, as the insurance company will not cover them.
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Seek legal representation quickly
Seeking legal representation quickly after a DUI accident is crucial for several reasons. Firstly, insurance companies often negotiate differently when they are aware that an injured person has legal representation. Having a lawyer on your side signals that you are serious about obtaining fair compensation and will not accept anything less.
Secondly, a lawyer can help you navigate the complex world of insurance claims and ensure that your rights are protected. They can review your settlement offer and determine if it adequately covers all your damages, including current and future medical expenses, lost wages, and property damage. A lawyer can also advise you on what to say and what not to say to the insurance company, helping you avoid inadvertently admitting fault or downplaying your injuries.
In addition, a lawyer can provide valuable support if your insurance company denies your claim or refuses to cover you. They can obtain a copy of your written policy and explore alternative options for compensation. This is especially important in the case of a DUI accident, as insurers may argue that drinking and driving is intentional conduct and use this as a reason to deny coverage.
Furthermore, if you caused a DUI accident and are facing a personal injury lawsuit, a lawyer can defend you against claims of intentional misconduct and help reduce your liability. They can also assist you in understanding the specific laws and regulations in your state, as these may vary.
Finally, seeking legal representation quickly can help expedite the process of obtaining compensation. A lawyer can work on your behalf to gather the necessary evidence, communicate with the insurance company, and negotiate a fair settlement, allowing you to focus on your recovery.
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Frequently asked questions
Yes, you should tell your insurance company about your DUI accident. Not disclosing it can lead to claim denials and fraud accusations. Being upfront with your insurer can help prevent complications in the future.
Your insurance rates will typically increase when you renew your policy after a DUI accident. A DUI makes you a "high-risk driver", which leads to higher premiums. Your insurer may also remove any "good driver discounts" you had.
You should not admit fault or apologise for what happened. Admitting fault can harm your case and reduce your accident compensation. Do not speculate, make guesses, or share assumptions about what happened. Only answer the questions you are asked and provide brief and simple responses.
It is recommended to get legal representation quickly after a DUI accident. Insurance companies often negotiate differently when they know a lawyer is on your side. A lawyer can help you secure maximum compensation for your injuries and ensure you do not inadvertently say something that harms your case.
