Does Insurance Cover Impaired Driving?

If you’ve been injured in a drunk driving accident, you’ll probably suffer some pretty serious injuries. You may also worry that the insurance company won’t cover your injuries because the driver was impaired at the time of the crash.

Believe it or not, most insurance companies will still pay a claim on a drunk driving accident. This is because most insurance companies don’t consider this an intentional act. Yes, the driver was impaired but they didn’t intentionally crash into you.

Even if you were the one who was drunk, your insurance company will still probably pay. Either way, you’re going to need an experienced car accident lawyer in Atlanta. Having a lawyer by your side can make the difference between winning and losing your case.

What Happens When You Submit Your Claim?

After your accident, the police are going to conduct an investigation. They’ll try to determine who was at fault for the car wreck. One thing they’ll do is check to see if either driver is under the influence of drugs or alcohol.

If they determine that the other driver was impaired, they’ll arrest them for DUI. This is good and bad. It’s good because, if they’re convicted, your lawyer can use it as evidence of fault. However, it could be bad news. If the other driver’s insurance company decides they were acting intentionally, your injuries may not be covered.

Once you’ve been treated for your injuries, you’ll have to submit your claim to the other driver’s insurance company. As long as the policy is valid, there’s a good chance they’ll pay your claim. However, there’s no guarantee.

The insurance company may deny your claim. They may do so for any of the following reasons:

  • The policy wasn’t valid
  • The policy lapsed for non-payment
  • The driver wasn’t listed on the policy
  • They believe you were at fault
  • They don’t think your injuries were legitimate
  • You have a history of filing accident claims
  • They believe the other driver was acting intentionally

If the policy wasn’t valid, there’s nothing your Atlanta auto accident attorney can do. No insurance company is going to pay out on an invalid policy. For all the other reasons, your lawyer can file an appeal.

If the insurance adjuster claims the accident was intentional, your lawyer will have to work hard to prove that this wasn’t the case.

How Can Your Car Accident Lawyer Help?

If your claim is denied, your car accident lawyer in Atlanta can file an appeal. They’ll also reach out to the insurance adjuster and ask why the claim was denied in the first place. Once they know the reason, they’ll know what angle to take for your appeal.

If the reason is that they believe the other driver acted intentionally, your lawyer will have to show it was negligence. Almost all accidents are negligence. People make a mistake and, as a result, crash into another vehicle.

If you have proof that the other driver was convicted of DUI, it won’t be hard to prove fault. It may be an issue of whether the insurance company believes their behavior falls into the crimes and intentional acts exception to coverage.

Most insurance policies state that they won’t cover any acts that were intentional. So, if someone sets their car on fire hoping to collect, it’ll be denied. The same goes if a driver intentionally drives their car into a wall.

For DUI, it’s much harder for the insurance company to show that it was intentional. Yes, the driver did intentionally choose to drink and then get behind the wheel. However, they didn’t intend to get into an accident.

Your lawyer will argue the following:

  • The other driver couldn’t have intentionally gotten a DUI. If they get into an accident, they know the cops will come to the scene. They will, more than likely, be arrested for DUI.
  • The other driver was also injured
  • They have no history of DUI
  • Their BAC was not much over the legal limit

Your lawyer will do their best to overcome this challenge by the other driver’s insurance company. They’ll fight to get you the compensation you deserve.

Contact an Auto Accident Attorney in Atlanta Today

If you’ve been injured by a drunk driver, you deserve compensation for your injuries. Call and schedule your free initial consultation with an experienced car accident lawyer in Atlanta at John B. Jackson. They will review your case and let you know what it may be worth. They’ll also answer any questions you may have.