Does Insurance Cover DUI Accidents in California?

Driving under the influence of alcohol or drugs (DUI) is illegal in California. However, many drivers still choose to operate vehicles while impaired. This leads to thousands of DUI-related crashes every year in the state.

After a DUI accident, drivers need to deal with vehicle repairs, medical bills, and other losses. Many wonder if their auto insurance provider will pay for these costs.

The answer is not always straightforward when it comes to DUI crashes in California. Insurance policies differ, and companies take various approaches to accidents involving drunk driving.

This article will provide an overview of how insurance handles DUI accidents in California. Keep reading to learn more.

How Insurance Handles Intentional Acts

Insurance companies need to determine if a DUI accident was intentional or unintentional. Policies do not cover damage caused by deliberate actions.

For example, purposely ramming your car into another vehicle would be considered an intentional act. Insurance will not pay for any losses in this situation.

Insurers argue that DUI collisions are intentional in some cases. For instance, they may claim choosing to drive drunk shows a disregard for safety. However, courts often find these wrecks are unintentional.

Despite being illegal, driving under the influence is typically considered negligence rather than an intentional act. As a result, insurance will often provide some coverage after a California DUI crash.

DUI Liability Insurance in California

Liability insurance covers damage you cause to other parties and their property. It will pay for costs such as:

• Injuries to other drivers
• Repairs to other vehicles
• Damage to property like buildings and light poles

California requires all drivers to carry liability coverage. The minimum policy pays up to $15,000 per person or $30,000 per accident for injuries. It also covers up to $5,000 in property damage.

Higher liability limits are recommended since crashes can easily exceed the minimum requirements. However, even a basic policy will provide some protection after a DUI accident.

Liability insurance usually covers DUI collisions in California up to the limits of your policy. The company cannot legally deny a valid claim because the driver was intoxicated.

However, your rates will likely increase after using liability coverage to pay for a DUI crash.

Full Coverage Insurance and DUI Accidents

Full coverage insurance consists of liability along with comprehensive and collision policies. These optional coverages pay for damage to your own vehicle in an accident.

Comprehensive coverage pays for damage from events other than collisions. This includes theft, vandalism, fire, weather, and even animal strikes.

Collision coverage pays for damage to your car when it hits or is hit by another vehicle or object. It will cover your repairs after a DUI crash you cause or are involved in.

However, your insurance company may still deny collision and comprehensive claims related to DUI wrecks. Insurers can refuse to pay if they prove the driver intended to cause damage.

For example, intentionally driving drunk and crashing into a pole may allow the insurer to deny the claim. But having an accident after drinking too much at dinner would make it difficult to prove intent.

Paying Claims for At-Fault DUI Drivers

After a crash, insurance companies determine which driver was at fault. The at-fault motorist’s liability coverage typically pays for victims’ losses.

If you cause a DUI accident, your insurer will likely have to pay injured parties and repair damaged property. However, exceptions apply in “no-fault” states like Michigan where each driver’s insurance covers their own losses.

The insurer must provide liability coverage up to the limits of your policy. But they may then drop or non-renew your policy to avoid future losses from an unsafe driver.

Higher premiums and policy cancellations are common after paying DUI claims. Maintaining coverage becomes very expensive for drivers with alcohol-related accidents.

Coverage for Not-at-Fault DUI Drivers

You may be involved in a collision that is not your fault even if you were driving impaired. Another driver’s negligence or violations can cause an accident in these situations.

If you are not at fault, the other driver’s liability insurance should pay for your losses. Your own policy may also help cover any damages exceeding the at-fault party’s coverage.

Your insurer cannot deny collision or comprehensive claims solely because you received a DUI. They must honor the policy as long as you pay your premiums.

However, being paid for not-at-fault DUI accidents can still increase your insurance rates. The insurer may argue that driving drunk shows negligence on your part.

How DUIs Affect Auto Insurance Rates

Insurance companies can raise your premiums any time you renew your policy. However, state laws limit when and how much rates can increase after a DUI.

In California, insurers cannot surcharge your auto policy until it is up for renewal. The company must wait for your current policy term to end before applying rate hikes.

How much your premium will increase depends on factors like:

• Your current rate tier
• Number of past DUIs
• Severity of the accident
• Insurance company’s criteria

On average, a California DUI accident can raise rates by 28% or $2,200 per year. However, costs can exceed $4,500 annually after multiple accidents or convictions.

Higher premiums after a DUI typically last 3 to 5 years. However, serious infractions can affect rates for over a decade in some cases.

Getting Non-Owner SR-22 Insurance after a DUI

Drivers in California may have their license suspended after a DUI conviction. You will need to file an SR-22 form with the DMV to get your license reinstated.

An SR-22 provides proof of liability insurance at or above the state minimum. Some insurance companies will write SR-22 policies for convicted DUI drivers.

However, insurers view these motorists as very high risk. Rates for an SR-22 policy can easily exceed $5,000 per year.

Non-owner SR-22 insurance can be much more affordable at around $600 annually. It provides proof of coverage without insuring a specific vehicle.

Non-owner SR-22 plans only cover injuries or damage that you cause while driving another person’s car. You cannot drive your own vehicle under this type of policy.

Paying Out-of-Pocket for a DUI Accident

Some drivers choose to pay crash damages out-of-pocket rather than file a claim. This prevents premium hikes by keeping the insurer unaware of the accident.

However, covering thousands of dollars in DUI crash costs is unrealistic for most motorists. Also, paying out-of-pocket does not help with injuries, license reinstatement, or meeting legal obligations.

You should always report DUI accidents to your insurer and the California DMV. Failing to do so can lead to fines, license suspension, and charges for driving without insurance.

An attorney can advise whether paying out-of-pocket makes sense based on the specific circumstances of your case.

Fighting Denial of DUI Accident Claims

Insurers sometimes wrongfully deny coverage after drunk driving wrecks. They may falsely allege you intended to cause damage.

If your claim gets denied, consider these options:

• File a Complaint – You can file a complaint with the California Department of Insurance if you believe the insurer is handling your claim unfairly.

• Submit an Appeal – Formally appeal the claim denial and provide evidence showing the crash was unintentional.

• Consult an Attorney – An insurance lawyer can review your policy and argue for your claim to get paid.

• Go to Court – You may need to sue your insurance company to pursue rightful compensation.

Never accept an unfair claim denial. Take action and consult experts to enforce your policy rights.

Finding the Best Insurance After a DUI

It becomes very difficult to find affordable auto insurance after a DUI crash or conviction. Most major insurers will either refuse coverage or charge extremely high premiums.

However, some options for finding lower rates include:

• Non-Owners Insurance – As mentioned above, non-owners policies only cover you when driving another person’s car. Rates for these policies may be more reasonable.

• High-Risk Insurers – Specialty insurers like Freeway Insurance offer policies to drivers with DUIs and other serious violations. But their rates are still expensive compared to standard companies.

• Adding a Driver – Ask a family member with a clean record to add you as a driver on their policy. Their lower risk level can offset yours and reduce the overall premium.

• Taking Public Transit – Going without a car and relying on public transportation is sometimes the best option after a DUI. You can avoid high insurance costs while proving you are committed to responsible driving.

Finding affordable coverage after a DUI accident takes effort. Work with agents and attorneys to explore all possible ways to save.

DUI Crashes Can Lead to Criminal Charges

So far we have focused on how insurance handles DUI accidents. But these wrecks can also result in criminal charges for drunk drivers.