Does Insurance Cover DUI Accidents? This question is about Car Insurance

Does Insurance Cover DUI Accidents?

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This question is about Car Insurance

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@WalletHub • 08/31/20 This answer was first published on 08/31/20. For the most current information about a financial product, you should always check and confirm accuracy with the offering financial institution. Editorial and user-generated content is not provided, reviewed or endorsed by any company.

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Car insurance companies will cover DUI accidents in most cases. The amount the car insurance company will pay for and the impact the DUI accident has on your premium will depend on the auto insurance company, your specific coverage levels, and your state’s laws.

Some states like, New York and Michigan, explicitly allow insurance companies to exclude DUI from certain policies. These exclusions usually apply to anything beyond liability coverage, which means if you cause a DUI-related accident, your insurance company may refuse to pay for any costs that you incur but will cover injuries and damage you inflict on other drivers and their vehicles, up to the policy’s limit. With that being said, if you cause an accident while under the influence and your insurance company won’t cover your expenses based on a policy exclusion, you’ll want to get a written copy of your policy and make sure that the exclusion applies to your exact situation.

Although insurance companies will usually end up paying for DUI accidents, they might try to deny your claim in certain other situations, too. In general, insurance companies only accept claims for unintentional events, so while they won’t pay if you set your car on fire, for example, you’re covered in the event of a legitimate accident. DUI is generally considered to be an unintentional accident, but your insurance company might argue that by knowingly putting yourself behind the wheel of a car while intoxicated, you intentionally caused the wreck. If they deny your claim as a result, then you’ll need to get a lawyer to fight the decision.

Even if your DUI accident is fully covered by your policy, you’ll almost certainly face repercussions from your insurance company. At the very least, you should expect your insurance premiums to skyrocket as a result of your increased risk. You might also be dropped from your policy entirely, although some states – California and North Carolina, for example – prevent insurance companies from doing that before the policy’s expiration.

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How far back do insurance companies check for DUI?

Most insurance companies check your driving record for DUIs from the past 3 to 5 years. This is the company’s “look-back period.” In many states, this is also as long as a DUI conviction will remain on your record. In others, like California and New York, a DUI stays on your record for 10 years. Florida keeps your DUI on your driving record for 75 years. During this time period, your DUI will show up on background checks by potential employers, landlords, etc. However, your DUI will only affect your insurance rates until the end of your insurance company’s … read full answer look-back period.

If your insurance company looks back five years, for example, a DUI you were convicted of in 2014 will no longer be considered in setting your rates after 2019. Your insurance rates may decrease the next time you renew your policy.

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Do I need an SR-22?

You need an SR-22 if a judge or your state department of motor vehicles has informed you that you do. An SR-22 form, also called a Certificate of Financial Responsibility, may be required if you are trying to reinstate or maintain your license after being convicted of certain driving violations. These include DUI/DWIs, reckless driving, driving without a license or insurance, or repeat offenses. You can only get an SR-22 form from your car insurance company. It confirms that you have an active policy with at least the minimum insurance coverage legally required in your state.… read full answer

In most cases, you’ll have to file an annual SR-22, certifying your insurance coverage, for 3 years. However, the time period can range from 2 to 5 years depending on the state and the reason for the SR-22. Also, depending on the state, this time period can start on your offense date, conviction date, license suspension date or reinstatement date. Make sure you know how long you have to maintain your SR-22. If you cancel your insurance before the time is up, your license or registration can be suspended or revoked.

Most states use the SR-22 form. Eight states don’t: Delaware, Kentucky, Minnesota, New Mexico, New York, North Carolina, Oklahoma, and Pennsylvania. Two states—Florida and Virginia—use the SR-22 but have a different form for DUI/DWI convictions, the FR-44. If you move from one state to another, you will need to maintain your SR-22 certification with your original state through an out-of-state filing, even if your new state doesn’t require SR-22s.

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