Life Insurance And Drunk Driving: What's Covered?

Life insurance is intended to provide financial stability for families after the death of a loved one. However, drunk driving deaths are often considered self-inflicted, and many insurance companies will deny claims to beneficiaries if the insured was intoxicated at the time of death. This is because drunk driving is illegal and poses a significant risk of injury or death, which is considered public knowledge. While some courts have permitted beneficiaries to recover for a drunk driving crash, others deny coverage based on the theory that the crash does not meet the definition of an accident due to the voluntary nature of intoxication. In some cases, life insurance will pay out if the insured's blood alcohol content was below the legal limit or if their death was unrelated to alcohol use.

Courts may deny coverage if drunk driving is deemed non-accidental

Court decisions have taken conflicting positions on whether a death that involves alcohol or drug use as a factor is an accident under these types of policies. Case law has developed three basic positions.

The majority view holds that an accident while driving drunk is not an accident that entitles beneficiaries to benefits. Courts that follow this reasoning view intoxication as a voluntary act, so drunk driving does not constitute an accident. The injury or death is also not considered "unexpected", "unforeseeable", or "unanticipated". Thus, even if the driver did not intend harm, a reasonable motorist should know that driving under the influence of alcohol poses a significant risk of injury or death.

The minority view, however, permits a beneficiary to recover for a drunk driving crash. These courts generally find that a person's drunk driving death can be accidental because it is reasonable to assume that the driver will not be involved in a motor vehicle crash. Under this theory, a small percentage of drivers who operate a motor vehicle while intoxicated are involved in collisions, so it is reasonable to believe that an alcohol-impaired driver will not suffer injury or death in a crash.

A third position avoids the question of whether injury or death related to alcohol intoxication is accidental and instead denies coverage based on an express exclusion for injury or death caused by alcohol or drug use. In these cases, a drunk driver's beneficiaries cannot recover under the policy if the driver's blood alcohol concentration (BAC) was above the legal limit, or if their mental or physical ability to drive was impaired.

In a small number of cases, courts may also deny coverage under the policy exclusion for self-inflicted injuries. However, this typically requires more than simply drunk driving. The circumstances must support the conclusion that the drunk driver intended to cause their own death.

Drunk driving deaths are often considered self-inflicted

Drunk driving is a leading cause of traffic-related deaths in the United States. In 2022, 13,524 people died in alcohol-impaired driving traffic fatalities, which equates to one person every 39 minutes. While drunk driving is illegal in every state, it continues to happen across the country.

However, there is a split of legal authority on the matter, with some courts concluding that drunk driving deaths are accidental. These courts argue that a drunk driver does not necessarily expect to die and that it is reasonable to assume that the driver will arrive at their destination safely. In these cases, the beneficiary of a life insurance policy may still be entitled to benefits, even if alcohol use played a role in causing injury or death.

To deter people from drunk driving, insurance companies maintain that drunk driving is dangerous and that policyholders should be aware of the risks. They also emphasize that driving while intoxicated impairs reaction time, decision-making abilities, and increases the likelihood of making reckless choices on the road. As a result, drunk driving increases the risk of accidents, injuries, and death.

Insurers may deny claims if the driver's blood alcohol content exceeds the legal limit

It is important to note that insurers may deny claims if the insured party was intoxicated at the time of death. In such cases, the insurance company may argue that the death was self-inflicted, as driving under the influence is widely known to be dangerous and increases the risk of accidents, injuries, and death.

Many life insurance policies explicitly exclude coverage for deaths caused by the insured party's intoxication, and insurers will deny the claim if they can prove that intoxication led to the accident. This exclusion applies when the motorist is engaged in driving under the influence (DUI) or driving while intoxicated (DWI) under state law. In some states, a drunk driver's beneficiaries cannot recover under the policy if the driver's blood alcohol concentration (BAC) exceeds the legal limit, typically .08 percent or if their mental or physical ability to drive was impaired.

Courts have differing views on this matter. The majority of courts deny coverage, holding that a crash involving a drunk driver does not meet the definition of an "accident" because intoxication is a voluntary act, and the potential harm is foreseeable. However, a minority of courts permit recovery, arguing that a person's drunk driving death can be accidental as it is reasonable to assume the driver will not be involved in a crash.

If you are the beneficiary of a life insurance policy that has been denied due to the insured's intoxication, you have options to contest the decision. You can gather evidence, hire a lawyer, and go through the appeals process. It is beneficial to have someone experienced in insurance policies to help you navigate the process.

Intoxication exclusions can be challenged with the help of a lawyer

Life insurance is intended to provide financial stability to your loved ones in the event of your death. However, there are loopholes and conditions that could nullify the insurance payout, one of the most notorious being drunk driving. In many cases, insurance companies deny claims to beneficiaries if the insured is killed while driving intoxicated. This is based on the theory that the crash does not meet the definition of an "accident" since intoxication is a voluntary act, and the death is not "unexpected", "unforeseeable" or "unanticipated".

However, intoxication exclusions can be challenged with the help of a lawyer. If you are the beneficiary of a life insurance policy that has been denied because of drunk driving, you can contest the denied insurance claim. While you can appeal a denied life insurance claim by yourself, it is beneficial to have someone experienced who understands the legality of insurance policies. An ERISA intoxication exclusion lawyer may be able to help you with a life insurance claim that has been denied due to an intoxication exclusion. An experienced insurance attorney may be able to determine if the insurance company is avoiding the truth or trying to interpret their policy to their benefit. They can also prove that intoxication was irrelevant to the death or disability.

The language in the policy will impact the possible strategies your lawyer can use to ensure the family has access to benefits. The insurer will need to prove that alcohol consumption was a direct or indirect cause of the death. Since insurance policies have many loopholes, companies can use them to get away with not paying. An ERISA disability lawyer will know how these exclusions work and the strategies you can use to get partial or complete benefits.

It is important to note that there is some controversy over drunk driving deaths being considered self-inflicted. While insurance companies maintain that there is enough information available publicly about the risks of drunk driving, courts have different views on this issue. The majority of courts deny coverage if a driver is intoxicated when involved in a fatal accident, while a minority of courts permits a beneficiary to recover for a drunk driving crash. These courts generally find that a person’s drunk driving death can be accidental because it is reasonable to assume that the driver will not be involved in a motor vehicle crash.

Life insurance appeals can be a lengthy process

Life insurance is intended to provide financial stability to your loved ones in the event of your death. However, drunk driving deaths are often considered self-inflicted, and insurance companies will usually refuse to pay out to beneficiaries if the deceased was driving under the influence of alcohol. This is because it is widely known that drunk driving is dangerous and can lead to accidents, causing injuries and potentially death.

If your life insurance claim has been denied due to drunk driving, you have the option to appeal the insurance company's decision. The life insurance appeals process can be lengthy, but there are ways to expedite it if your case is urgent. Firstly, you should gather any evidence that could support your case and take detailed notes of any relevant experiences. You can request an internal appeal, where your insurance company conducts a full and fair review of its decision. If your case is time-sensitive, they must speed up this process. You also have the right to an external review, where an independent third party reviews your appeal, and the insurance company does not have the final say over whether to pay the claim.

It is beneficial to hire a lawyer to help with the appeals process, as they can provide expertise and a better understanding of the legality of insurance policies. A Miami life insurance claims lawyer, J.P. Gonzalez-Sirgo, may be contacted for a free and confidential phone consultation. Additionally, the Patient Advocate Foundation (PAF) is a national non-profit organization that provides case management services and financial aid to Americans with chronic, life-threatening, and debilitating illnesses. They can assist you in gaining access to the prescribed healthcare you need.

While the appeals process can be time-consuming, it is important to remember that insurance companies want to deter people from drunk driving. Drunk driving impairs reaction time, decision-making abilities, and lowers inhibitions, leading to reckless choices on the road and a higher likelihood of accidents. Therefore, it is always best to avoid drunk driving and ensure you have a designated driver or alternative transportation when drinking.

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