Does my car insurance cover damage caused by a driver who was driving under the influence of drugs or alcohol?
Many people wonder about car insurance coverage for damage caused by a driver who was driving under the influence of drugs or alcohol. If you live in an at-fault state, their insurance will cover the damage caused by drunk driving. If you live in a no-fault state, you'll turn to your own insurance company for coverage against a driver under the influence of alcohol or drugs.
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Brad Larson
Licensed Insurance Agent
Brad Larson has been in the insurance industry for over 16 years. He specializes in helping clients navigate the claims process, with a particular emphasis on coverage analysis. He received his bachelor’s degree from the University of Utah in Political Science. He also holds an Associate in Claims (AIC) and Associate in General Insurance (AINS) designations, as well as a Utah Property and Casual...
Licensed Insurance Agent
UPDATED: Mar 11, 2024
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Editorial Guidelines: We are a free online resource for anyone interested in learning more about insurance. Our goal is to be an objective, third-party resource for everything insurance related. We update our site regularly, and all content is reviewed by insurance experts.
UPDATED: Mar 11, 2024
It’s all about you. We want to help you make the right coverage choices.
Advertiser Disclosure: We strive to help you make confident insurance decisions. Comparison shopping should be easy. We are not affiliated with any one insurance provider and cannot guarantee quotes from any single provider.
Our insurance industry partnerships don’t influence our content. Our opinions are our own. To compare quotes from many different insurance companies please enter your ZIP code on this page to use the free quote tool. The more quotes you compare, the more chances to save.
On This Page
- If you live in a no-fault state, you’ll turn to your own insurance company for compensation
- If you live in an at-fault state, the other driver’s insurance company should honor the claim
- You may need to provide evidence to show that the other driver was negligent
If you’ve been in a car crash and the other driver was impaired, you’ll want to know about your options. Does the condition of the other motorist affect your position in any way?
You may ask: “Does my car insurance cover damage caused by a driver who was driving under the influence of drugs or alcohol?” The good news is that you will usually be covered once you learn how to file a car insurance claim.
Accidents can be traumatic anyway, and you may be particularly worried in this case. We understand your concern and will provide you with some answers to the question below.
Does car insurance cover damage caused by a driver who was driving under the influence of drugs or alcohol?
In any accident where the other party was under the influence, you could file an insurance claim to help pay for the damages. The process will depend on where you live and whether you are in a no-fault state. It will also depend on whether you were at fault for the collision or whether the intoxicated driver was to blame.
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Does car insurance cover damage caused by a driver who was driving under the influence of drugs or alcohol if you live in a no-fault state?
Several states have no-fault rules. Your insurance company may pay for certain losses, regardless of who was at fault. You will need to go through the hassle of proving that the other driver was to blame. Here is more background on no-fault auto insurance.
Does car insurance cover damage caused by a driver who was driving under the influence of drugs or alcohol if you were to blame for the accident?
Even though the other driver may have been intoxicated, they may not have been directly responsible for the crash. So, if you were liable for the accident, you can’t automatically seek compensation from the other motorist just because they were impaired.
However, you can turn to your own insurance company to help with repairs, if you have collision insurance in place. Turn to one of the best collision coverage car insurance companies for more information.
What if the person driving under the influence was uninsured?
You could turn to your own insurance company if you are covered by one of the best uninsured motorist coverage car insurance companies. Otherwise, you may have to sue the other driver in court in a civil case to try and recover your losses.
Read more:
- Does my car insurance cover damage caused by a driver who is uninsured or underinsured?
- Does my car insurance cover damage caused by a DUI or other criminal activity?
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Will their insurance pay out, even though they were impaired?
While driving under the influence of drugs or alcohol is illegal, it doesn’t mean their insurance company will not pay out. So, if you live in an at-fault state, you can turn to their insurance company to help repair damage to your car or cover any related medical bills.
How do you prove the other driver was at fault?
The other motorist is not automatically responsible simply because they were driving under the influence of drugs or alcohol. You’ll need to provide additional evidence to show that they were negligent.
If a court decides that the other motorist was impaired, using evidence from police reports or a DUI arrest record, this should be sufficient to prove that they were negligent. If you want to know more about at fault accidents, read an expert guide on full coverage car insurance.
What should I do to prove the case?
Typically, you’ll need to gather evidence to help with your case, including:
- Videos or photos from the crash scene.
- Witness statement.
- Police reports or records of an arrest.
- Evidence of damage or medical records.
Once you have that in place you can submit it to your insurance assessor.
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Case Study: The Implications of Car Insurance Coverage for Damage Caused by Drivers Under the Influence of Drugs or Alcohol
Case Study 1: No Coverage for Intoxicated Drivers
John owns a car insurance policy that provides comprehensive coverage for his vehicle. One night, while parked on the street, John’s car was struck by a driver who was under the influence of alcohol.
The intoxicated driver lost control of their vehicle and collided with John’s car, causing significant damage. John immediately contacted his insurance company to file a claim, hoping that his policy would cover the repairs.
Despite being an innocent party, John’s insurance company denied his claim, stating that the intoxicated driver’s actions voided any coverage he would have otherwise received. John was left with the financial burden of repairing his car.
Case Study 2: Limited Coverage for Intoxicated Drivers
Sarah holds a car insurance policy that includes liability coverage and collision coverage. One evening, Sarah’s parked car was hit by a driver who was driving under the influence of drugs. The impaired driver swerved onto the sidewalk and crashed into Sarah’s parked vehicle, causing substantial damage.
Concerned about the repair costs, Sarah promptly contacted her insurance provider to inquire about coverage. After reviewing Sarah’s policy, the insurance company informed her that her liability coverage would not extend to accidents caused by drivers under the influence of drugs or alcohol.
However, her collision coverage would cover the damages to her car, subject to the deductible specified in her policy. While Sarah was relieved that her insurance would pay for the repairs, she still had to pay the deductible amount out of pocket before her coverage would apply.
Read more: Does my car insurance cover damage to my car if I hit a parked car?
Case Study 3: Enhanced Coverage for Intoxicated Drivers
Michael purchased a comprehensive car insurance policy that offered enhanced coverage options. One night, Michael’s car was rear-ended by a driver who was later found to be driving under the influence of drugs. The accident resulted in significant damage to Michael’s vehicle, and he immediately contacted his insurance company to initiate a claim.
To Michael’s surprise, his comprehensive insurance policy included coverage for accidents caused by drivers under the influence of drugs or alcohol. The insurance company promptly arranged for an inspection of Michael’s car and covered the entire cost of repairs.
Michael was relieved to have the financial burden taken care of by his insurance, as he would have faced substantial expenses without the coverage provided by his policy.
Car Insurance Coverage for Damage Caused by a Driver Under the Influence of Drugs or Alcohol: The Bottom Line
If you live in an at-fault state, the other party’s insurance company should pay for damage to your vehicle. If you live in a no-fault state, you’ll turn to your own insurance company to help with repairs.
The other driver’s insurance company will cover the case, even though their client was intoxicated. If the other driver has no insurance, you will need uninsured or underinsured motorist cover to get compensation or would need to sue the motorist directly.
Frequently Asked Questions
If I have an accident in someone else’s car, will my insurance cover it?
So long as you receive permission from the other vehicle’s owner, their insurance will cover the accident. However, if the total damage exceeds the policy limit, you could file a claim with your company for the additional cost.
Does an umbrella policy cover drunk driving?
An umbrella policy covers liability claims that your primary policy does not handle. So, in this case, the standard policy will not cover damages you may suffer in a drunk driving incident.
Should you always tell the insurance company about a DUI accident?
Even if you do not immediately involve your insurance company when you have a DUI accident, you should always inform them of the incident. In most situations, this will lead to an increase in your insurance rates.
Are you looking for free insurance quotes?
Your one-stop online insurance guide. Get free quotes now!
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Brad Larson
Licensed Insurance Agent
Brad Larson has been in the insurance industry for over 16 years. He specializes in helping clients navigate the claims process, with a particular emphasis on coverage analysis. He received his bachelor’s degree from the University of Utah in Political Science. He also holds an Associate in Claims (AIC) and Associate in General Insurance (AINS) designations, as well as a Utah Property and Casual...
Licensed Insurance Agent
Editorial Guidelines: We are a free online resource for anyone interested in learning more about insurance. Our goal is to be an objective, third-party resource for everything insurance related. We update our site regularly, and all content is reviewed by insurance experts.