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Car Insurance Question  If I have an accident while been drunk and my car is totaled, is my car insurance still going to cover? Even though I was drunk?

You will need to speak with your agent and read through the terms of your policy to see if there are any exclusions that would allow them to deny a claim. It is not typical of an insurance company to exclude coverages due to a DUI, OUI or other type of drunk driving charge. Though many insurance companies will exclude coverage for criminal acts.

In some states driving under the influence is considered a criminal offense and thus your insurer may be able to deny a claim if this is an exclusion your policy lists on it. We have read of some cases that went to court regarding those that were denied claims due to a DUI being considered a criminal offense and the policy excluded such actions. One particular case regarding a Gap insurer that denied a claim ended with the court stating that under the terms of the plaintiff's insurance policy, the defendant [insurer] is under no obligation to compensate the plaintiff for his vehicle loss, because the loss was caused by the plaintiff's criminal act of driving under the influence.

So you need to read through your car insurance policy and if it is unclear whether your insurance company would cover an accident you are in while driving drunk then speak with your agent to seek clarification. State laws also govern and regulate what insurance companies can or cannot exclude so you can check with your state's insurance regulator to find out if an alcohol or DUI exclusion is allowed on auto insurance policies.

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This car insurance question was asked on 4/18/2008
This auto insurance answer was last updated on 4/23/2008
Mia G requested this car insurance solution.
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