There are many issues that commonly arise when dealing with insurance companies after an automobile accident. Some issues surrounding DUI and auto insurance claims are minor, and some severe enough to have the claim itself outright denied. The determining factor in these cases is typically the insurance company and their set policies and procedures when dealing with accident claims, and/or the government regulations set forth by the state the insurance company is located in.
Typical Issues with Auto Insurance Accident Claims
Many insurance companies have fine print or other clauses within their policies that prevent them from automatically paying out on DUI claims. These clauses can cause delays in payment, or outright denial of the claim.
When a DUI Accident Occurs
When an individual is in an automobile accident involving a drunk driver, or causes an accident due to driving drunk, this can severely complicate an insurance claim for any damages in the accident.
- Many insurance companies are reluctant to cover these kinds of circumstances because of their frequency and severity.
- More insurance companies have policies that will cover the loss of property, however they won’t cover injuries sustained by the party responsible, due to the person testing under the influence at the scene of the accident.
If you are driving under the influence and cause an accident that results in the loss of property or injury to another person, your insurance may cover the loss and medical expenses suffered by the other party, if you are deemed negligent, but if you are deemed to have acted intentionally and recklessly, you may not be covered or you may not be fully covered. For example, the insurance company may agree to cover your legal fees but may not cover any damages you are ordered to pay for your intentionally negligent action of driving drunk. Alternatively, your insurance company may pay the whole thing- but they will usually drop your coverage and refuse to insure you going forward.
Getting Help
Whether you’re the responsible party or the victim of an automobile accident as a result of drunk driving, as soon as a claim is filed, you should consult an experienced lawyer. There are some lawyers that specialize in drunk driving accident cases, and can help either side make sure they are properly represented. No one should walk into a drunk driving accident proceedings without representation.
