DUI & Auto Insurance: Are You Covered for Damages?

If you have been arrested for a DUI, you are facing a host of challenges, including the charges against you, the possible damage you have caused to other people and to property, and of course, how you will pay for it all.  An important question is whether or not your car insurance coverage will apply to the injuries and damages resulting from your negligence in a DUI.   

Are My Injuries and Damage to my Vehicle Covered?

It depends on your specific coverage, but in many cases, insurance companies are likely to deny any of your personal injury and property damage claims due to your DUI.  Many policies contain specific clauses flatly denying all coverage in DUI cases.  Read your policy closely to determine what the DUI auto insurance rules are and to determine if this is the case in your situation.

Is Damage I Cause to Others Covered?

The simple answer to whether injury or damage to others is covered again depends on your specific policy.  If you hurt others or caused damage to others’ property because of your DUI, your insurance may cover injury or damage to others, but possibly not lawsuits resulting from your DUI.  

What If I am Sued?

If you are sued by others based on the DUI, several things can happen. 

• If you are sued for what is defined “intentional or reckless behavior,” you may not be covered by your insurance carrier.
• If you are sued and the claims state that you were negligent in your behavior, your insurance may cover you.

How Will an Insurance Company Respond to DUI?

In either instance, your insurance company may do one of three things.   They may:

• Outright approve or deny your claims.
• Hire an attorney to represent you in court, but refuse to pay any damages that are due at the end of the case.
• Ask the court to determine whether or not they must pay, which is known as “declaratory action.”

Getting Help

The best thing to do is not face this circumstance EVER!  Even taking one drink and getting behind the wheel of a car is reckless and puts both you and others in severe danger.  Remember, lives are forever marred by drunk driving, so simply don’t do it!  If you are faced with a DUI, you will need to hire an attorney to see to your case, both in court and possibly with your car insurance carrier.