Will Insurance Cover a DUI Accident? A Comprehensive Guide
A DUI (Driving Under the Influence) accident can have devastating consequences, far beyond the legal ramifications. One major concern for many involved is insurance coverage. The short answer is: it depends. While your insurance might cover some aspects of the accident, it's unlikely to cover everything, and your policy could be jeopardized. This article will delve into the complexities of insurance coverage following a DUI accident.
What Your Insurance Might Cover
Your insurance policy likely includes two main types of coverage relevant to a DUI accident:
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Property Damage Liability: This part of your policy covers the cost of repairing or replacing the other driver's vehicle and any other damaged property. However, if you are found at fault for the accident due to driving under the influence, your insurance company will likely cover the damages, but they may also pursue subrogation against you to recover the costs they paid out. This means you could be sued by your own insurance company.
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Bodily Injury Liability: This covers medical bills, lost wages, and pain and suffering for individuals injured in the accident. Again, your insurance might cover these costs, but only if you are legally obligated to pay them. Your insurer's willingness to pay will significantly decrease if your DUI is determined to be the cause of the accident.
What Your Insurance Likely Won't Cover
Several aspects of a DUI accident are unlikely to be covered by your insurance:
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Your own vehicle damage: Most policies won't cover damage to your own vehicle if you are at fault, especially if the fault is due to a DUI. Collision coverage might apply, but this often requires a separate deductible, and your premiums will almost certainly increase significantly.
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Legal fees: Costs associated with defending yourself against DUI charges are rarely covered by insurance policies.
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Increased premiums: Expect a substantial increase in your insurance premiums after a DUI conviction, regardless of whether your insurance company covered damages from the accident. In some cases, your insurer may even cancel your policy altogether.
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Administrative fees and penalties: Fines, court costs, and license suspension related to the DUI are not covered by insurance.
The Role of Your DUI and the Accident
The severity of your DUI and its direct connection to the accident significantly impacts insurance coverage. Factors considered include:
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Blood Alcohol Content (BAC): A higher BAC increases the likelihood of your insurance company denying coverage or pursuing subrogation.
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Prior DUI convictions: Multiple DUI convictions severely impact your insurability.
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Accident severity: The more serious the accident and injuries, the greater the potential financial burden, and the less likely your insurance company might be to cover the costs.
Protecting Yourself After a DUI Accident
If involved in a DUI accident, take these steps immediately:
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Contact the authorities: Report the accident to the police, even if injuries seem minor.
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Seek medical attention: Get checked for injuries, even if you feel fine. Document all injuries and medical treatments.
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Contact your insurance company: Report the accident promptly, providing all necessary details. However, do not admit fault. Let your legal counsel handle communication with the insurance company.
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Consult with a lawyer: A DUI attorney can protect your legal rights and help navigate the complex insurance claim process. Legal representation can be crucial in minimizing the financial consequences of the accident.
Understanding Your Policy is Key
Before an accident occurs, carefully review your insurance policy to understand your coverage limits and exclusions. Knowing what your insurance does and doesn't cover can help you make informed decisions and better protect yourself in the event of a DUI accident.
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By carefully considering these points and actively engaging with legal and insurance professionals, you can better navigate the challenging aftermath of a DUI accident. Remember, prevention is key. Never drive under the influence of alcohol or drugs.