Do insurers cover damages for driving under the influence of substances?

Do insurers cover damages for driving under the influence of substances?

If you were involved in a substance-impaired accident, call us today at (619) 746-8879

Although cars play a crucial role in modern life, we must recognize that using them can be risky under certain circumstances. And while prudence is the key to avoiding many accidents, sometimes the irresponsible practices of others on the road can turn people’s lives upside down. Here is just a portion of the explanation behind so many traffic laws and the penalties for non-compliance.

And beyond material damage — often covered by vehicle insurance — this can have serious implications for drivers’ lives. Some examples of these implications can be short- and medium-term limitations on your driving license and lawsuits from those affected. The chances of this happening increase exponentially when substances are involved.

The ideal would be to avoid this scenario at all costs, and a good way to do it is to know the consequences at a legal level, not only in the short term but also in the long term. As experts in the area, we offer the following article with detailed information on these and the procedures to follow in case of living an experience of this type.

DUI vs. DWI: What’s the difference?

The first thing is to define and differentiate two terms often used interchangeably in common parlance: driving under the influence (DUI) and driving while intoxicated (DWI).

DUI is a generic term that includes crimes of driving under the influence of alcohol and/or any drug, from legal to illegal; this would also include over-the-counter medications, those duly prescribed by health professionals, or illegal drugs. For its part, DWI refers exclusively to driving under the influence of alcohol or being severely intoxicated.

That being said, sometimes the use of DUI might not make a difference if the context was DWI; however, using the latter would lead us to a particular case that can also make a difference at a legal level.

But whatever the case, DUI and DWI charges are placed by an officer who, after studying the case and its circumstances, considers that a person is unable to drive due to the effect of any of these substances.

Consequences of Driving Under the Influence Charges

One of the main concerns at the time of a traffic accident is the damage to the vehicle(s) involved. It is well known that automobile insurance policies can cover most or all of the consequential damages; however, the story changes when alcohol or drugs play a role in the story.

The consequences will depend significantly on the company that provides the insurance and the state of the United States where the accident occurs. But in general, if it is proven to be a DUI case, you can expect anything from policy cancellation to denial of future coverage due to track record. Everything will depend on the circumstances and the laws at stake.

Insurance companies’ arguments

Many insurance companies offer policies covering any accident in which the owner, or the beneficiary, has driven negligently or recklessly. This would be a great advantage for cases in which people are medicated for health reasons or those affected by drowsiness.

However, regardless of whether or not there is intention in the conditions that led to the accident, the insurer will continue to operate as a business based on profitability. Before assuming any liability for damages, their representatives will thoroughly investigate the circumstances under which the accident occurred. We highlight this because, even if the coverage is broad, it would not include auto accidents caused by intentional conduct.

And it is that a common argument of these companies is that people are aware most of the time that alcohol and driving are not a good combination. Under this assumption, they could easily indicate that the driver intentionally put themselves in danger by driving their car while intoxicated or under the influence. And if it is valid, this would free them from the expenses derived from the damages caused to the vehicle and the injuries caused to the people involved.

Car insurance coverage denial

There will always be investigations when there are DUI charges after a car accident. If, after these, the insurer determines that the policyholder or beneficiary acted intentionally by drinking or consuming substances, they are expected to refuse to cover the contract expenses.

The decision is undoubtedly quite drastic. However, statistics show that this insistence on escaping liability is intensified when the licensee hopes to cover injuries to the other drivers or passengers affected by the accident; In these cases, it would be wiser to hire a lawyer. Experience indicates that they tend to be more flexible when only seeking to cover damage caused to the vehicle covered by the policy.

Auto Insurance Coverage Limitation

A perhaps less bleak scenario would be a limitation on auto insurance coverage in the event of a DUI accident. Indeed, there are situations in which insurers can fulfill their part of the contract without major problems, particularly when there is only physical damage to the covered vehicle.

But once again, the problems arise when the charges allude to intentional acts, and having drunk alcohol or used substances can give weight to this argument.

In a car accident, it is logical that personal injury claims arise. Those affected can rely on the fact that the insured driver had not taken the relevant provisions for the activity. This is known as intentional tort and is an exception to the general assumption that most people and businesses do not act with intent to cause personal injury.

If the case goes to trial and the jury awards the plaintiff(s) damages for intentional tort on the driver’s part, the insurer will also not pay. In conclusion, if the intent is shown behind the DUI case, then the consequences would be similar to not having a vehicle policy.

Permanent policy cancellation

The scenarios described so far mainly refer to short and medium-term implications. But driving while intoxicated or under the influence of narcotics can cause millions in compensation expenses and limit the owner’s access to similar benefits in the future.

From the moment the DUI compensation verdict occurs, the driver enters a risk pool for the insurer. Many businesses may start through risk, but companies are well aware of the implications of car accidents of this type.

For them, it would not be profitable in the future to offer such broad coverage to an individual who acted “with intent” in the damages; the risk-benefit assessment probably isn’t enough motivation to renew such a contract, so they might cancel the coverage.

Increase in the insurance policy premium

Despite this, the authorities understand the role of vehicles in our society and the importance of insurers for their users. That is why, in most states, auto insurance policies are regulated so that it is not so simple to forsake the holders.

Even in cases where the evidence or circumstances suggest that the driver acted intentionally by driving after having alcohol or being drug-impaired, it may be difficult for the company to disassociate itself from expenses if there are laws that prevent it.

However, if you don’t, it will try to compensate you somehow as a guarantee for the future. Common measures include increasing premiums after a DUI conviction, which will apply to the same company and others since each client has a history they study internally.

What to do in case of a DUI conviction?

Before obtaining a driver’s license, there is training available that will allow you to get skills and raise awareness of road laws. Among all these issues, there is much talk about the influence of alcohol, hallucinogens, medications, and drowsiness when driving.

Ironically, few consider the implications of an accident resulting from these conditions. As experts on the subject, we comply with educating the public about it. But at the same time, we remember that, in any case, it is worth having quality legal advice.

Our law firm is made up of a highly-trained team willing to support you in this or any other situation. Do you have any questions to ask? Click here and get in touch.