Legally reviewed by:
Daniel Smith December 30, 2024
Car accidents caused by driving under the influence (DUI) can lead to severe consequences, including significant damage to vehicles, injuries, and legal complications. If you were involved in a DUI accident where your car was totaled, understanding how car insurance applies to such situations is essential.
While insurance policies are designed to provide financial protection, a DUI complicates the process. This article explores how insurance coverage works in DUI accidents, what you can expect, the long-term impact of a DUI, and what happens if the other driver is intoxicated.
How Insurance Coverage Works for DUI Accidents
Insurance coverage in DUI accidents depends on several factors, including the type of policy you have, who was at fault, and whether the terms of your policy address accidents involving DUI. Here’s an overview of how insurance companies generally handle these cases:
Comprehensive and Collision Coverage
Comprehensive and collision coverages are optional plans. A comprehensive coverage will cover caused to your car by anything that is not a collision, including theft, riots, and natural disasters. Meanwhile collision coverage will cover repairs to your vehicle if you are ever in an accident.
If you have comprehensive or collision coverage, your insurance company may pay for damages to your vehicle even if you caused the accident while under the influence. However, the insurer could later cancel your policy or significantly raise your premiums due to the DUI violation.
Liability Insurance
Liability insurance covers damage done to other in an accident. All states (except New Hampshire according to N.H. Rev Stat. Ann. § 264: 19-24-b) require vehicle owners to always have a minimum liability coverage for their vehicles
For drivers who only carry the liability insurance, coverage applies to the other party’s damages if you are at fault. In DUI cases, liability insurance will typically cover the cost of repairs to the other driver’s vehicle and their medical expenses, up to the policy limits.
Denial of Claims
Insurance companies may deny claims if the DUI violates policy terms. For example, some policies include clauses voiding coverage for illegal activities, including driving under the influence. This means you might be responsible for covering all costs out of pocket.
Uninsured Motorist Coverage
If the DUI driver is uninsured, uninsured motorist (UM) coverage can protect the victims. This type of coverage pays for damages and medical expenses if the at-fault driver does not have insurance.
But again, drivers must remember that they may not have UM coverage since only 21 states and Washington D.C. currently require drivers to have it.
The states that require drivers to have UM coverage are: Connecticut, Illinois, Kansas, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Oregon, South Carolina, South Dakota, Vermont, Virginia, West Virginia, and Wisconsin.
What You Can Expect
If you’ve been in a DUI accident where your car was totaled, navigating the insurance claims process can be challenging. Here are some expectations you should prepare for:
Extensive Investigations
Insurance companies often investigate DUI accidents more thoroughly than other incidents. They will request police reports, breathalyzer results, and witness statements to determine fault and verify the details of the accident.
Delayed Settlements
Settlements in DUI-related claims can take longer due to the added complexity of legal proceedings and the insurer’s investigation.
As opposed to the typical 3-week to 6-month timeline you may anticipate for a typical settlement process, a DUI incident where your car is totaled may take between 2 months and a year before a settlement.
Out-of-Pocket Costs
If your claim is denied or policy limits are exceeded, you may need to pay for repairs, replacement, or medical bills out of pocket. Additionally, you could face fines, court fees, and other expenses related to the DUI charge.
Washington, for instance, levies one of the highest fines with first-time DUI offenders facing up to $5,000 in fines according to Wash. Rev. Code § 46.61.5055.
Arizona is another state where the penalties for driving under the influence are considered very tough with first-time offenders facing a fine of at least $1,250, jailtime of at least 10 consecutive days, along with alcohol treatment or education, and mandatory community service according to Ariz. Rev. Stat. § 41-1101 .
Higher Premiums
A DUI conviction often results in significantly higher insurance premiums. In some cases, your insurer may decide to cancel your policy entirely, forcing you to find high-risk insurance coverage, which is more expensive.
The Impact of A DUI (Short & Long Term)
A DUI conviction can have far-reaching consequences that affect various aspects of your life, both immediately and in the long run:
In the short term, you will likely have to contend with the following:
- Legal Penalties: A DUI conviction often leads to fines, license suspension, mandatory DUI education programs, and possible jail time.
- Towing and Impound Fees: If your car was totaled or impounded after the accident, you must pay these fees before retrieving your vehicle or its remains.
- Immediate Financial Burden: Covering repairs, medical expenses, and legal fees can be overwhelming, especially if insurance denies your claim.
- Court Appearances and Legal Proceedings: A DUI often involves multiple court appearances, which can be time-consuming and stressful. Missing work for these proceedings may result in lost income.
Meanwhile, for the long term you can expect the following:
- Criminal Record: A DUI conviction becomes part of your criminal record, which can affect employment opportunities, housing applications, and more.
- Increased Insurance Costs: A DUI marks you as a high-risk driver, leading to steep premium hikes or requiring specialized insurance. High-risk insurance policies can cost two to three times more than standard policies, adding a long-term financial burden.
- License Points and Revocation: Depending on your state, a DUI could add points to your license or result in revocation, requiring costly reinstatement processes.
- Civil Lawsuits: If the accident caused injuries or property damage, you may face lawsuits from other parties involved.
- Possible jail time: If you are a repeat DUI offender, it is likely that after your second or third arrest within a couple of years, the judge will send you to jail. All state laws are stricter with repeat offenders, and judges are likely to favor stricter sentencing for repeat offenders.
What If the Other Driver Was Drunk?
The situation plays out differently if you were in an accident caused by another driver under the influence. Here’s what to know:
Fault Determination
In accidents caused by drunk drivers, fault is typically easier to establish. Police reports, breathalyzer tests, and witness statements are often used to prove the other driver’s intoxication.
Third-Party Claims
As the victim, you can file a claim with the at-fault driver’s liability insurance to cover your medical bills, vehicle repairs, and other losses. If their insurance is insufficient, you may need to pursue legal action.
Uninsured or Underinsured Drivers
If the drunk driver lacks sufficient insurance, your uninsured/underinsured motorist coverage can help bridge the gap. This type of coverage is especially valuable in DUI accidents where the responsible party is unprepared to cover damages.
Punitive Damages
In cases involving DUI accidents, courts may award punitive damages to punish the at-fault driver. These damages are separate from compensatory damages and are intended to deter similar behavior in the future.
In C.T. v. Johnson, 977 P.2d 479, 1999 UT 35 (Utah 1999), the Utah Supreme Court affirmed a trial court award of $25,000 in punitive damages against the defendant who, under the influence of alcohol, crossed into oncoming traffic and collided with the plaintiff’s vehicle.
Similarly, in Maurer v. Clausen Distributing Co., 275 Mont. 229, 53 St. Rep. 78, 912 P.2d 195 (Mont. 1996), the Montana Supreme Court upheld a jury decision that awarded over $1 million in punitive damages to the plaintiff after a salesperson of the first defendant, who was driving under the influence of alcohol, ran into a Montana Highway Patrol car.
Most of the punitive damages were awarded against the first defendant because it permitted its salespeople to use their discretion in consuming alcohol while working, and it did not amend that policy even though it was aware that the salesperson who caused this accident had previously received two citations for DUI.
How The Accident Helpers Can Help You
Dealing with the aftermath of a DUI accident can be overwhelming, especially when it involves totaled vehicles, insurance complications, and potential legal battles. Whether you were at fault or the victim, at The Accident Helpers, we can help connect you with experienced car accident lawyers who specialize in handling DUI-related cases.
These professionals can assist with navigating insurance claims, negotiating settlements, and representing your interests in court if necessary. Finding the right lawyer can be challenging, but we simplify the process by matching you with trusted attorneys in your area.
Best of all, our services are completely free. All you have to do is contact us, and then our consultants will get the facts of your case, which will help us immediately begin the process of finding the legal professional that will be the best fit for you.
