Exclusions on motor insurance if you are under the influence (2024)

16.05.2019

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Exclusions on motor insurance if you are under the influence

Exclusions on motor insurance if you are under the influence (1)

Are you insured if you are “under the influence” of drink or drugs?

Motorists who cause accidents due to being ‘under the influence’ of alcohol or drugs should not be able to make a claim! Right?
Most people would agree with this as a deterrent to drink driving, where drivers are over the limit, but should the same exclusions apply if you take prescription drugs or are under the legal limit for alcohol?

A few years ago, wording began to creep in to motor insurance policies excluding anyone ‘under the influence’ of drink and drugs. This included anyone taking prescription drugs or with minimal alcohol in their system and meant their motor insurance could be invalidated.

The Association of Chief Police Officers clarified their position stating that being ‘under the influence’ meant being ‘over the legal limit’ and insurers such as Zurich and Allianz, recognising that the exclusion was having unintended consequences, removed it completely.

Today, if you are involved in an accident and have consumed alcohol, but are under the limit, your conduct is not considered illegal and insurers will usually continue to provide you with cover.

If you are over the limit of alcohol consumption, there are more negative implications, such as motoring convictions, penalty points, fines, disqualifications and the difficulty of getting future insurance cover. You may also find it difficult to get your insurance company to pay out for your vehicle if you’re involved in an accident.

Significant exclusions and limitations

Most insurance policies now include a section entitled ‘Significant exclusions and limitations’, explaining the various scenarios in which your insurance is either limited or invalidated. This includes the phrase: ‘Injury resulting from you driving while under the influence of alcohol or drugs to a level which would be an offence in the country where the accident occurs’.

This means insurers will not pay any more than their legal liability under the Road Traffic Act for any claim where the driver of the car insured by them is found to be under the influence of alcohol or drugs or convicted of driving while under the influence of alcohol or drugs.

The Road Traffic Act states that insurers still have to pay out for third party claims, even if an insurer tries to exclude a motorist from cover on the grounds of being under the influence of drink or drugs.

If insurers exercise this option your own losses will not be covered, and more worryingly, the insurer can then seek to recover their costs from you

Passengers

The insurance company may also exclude passenger claims if they can prove the passenger was aware the driver was drunk.

Impact on premiums

If you are convicted of a drink or drug-driving offence, you must tell your insurer about your conviction, which will impact your insurance cover and cost, until the conviction becomes spent.

Some insurers may refuse to insure you and others may price their quotes so high they are effectively refusing to insure you.

Check your policy for exclusions

As your broker, J Bennett & Son is happy to check your motor insurance policy for the possibility of exclusions and if you wish to check for exclusions or are facing the possibility of a conviction, talk to us today on 01494 450450 or email us at insure@jbennett.co.uk

Sources:

Geoffrey Miller Solicitors: Insurance Exclusions – When can my insurance be void? https://motoroffence.co.uk/insurance-exclusions-when-can-my-insurance-be-void/

Insurer confusion over drinking and driving, BBC News https://www.bbc.co.uk/news/business-17489887

Drink/drug driving conviction insurance help. https://www.moneysupermarket.com/money-made-easy/drink-driving-conviction

Exclusions on motor insurance if you are under the influence (2024)

FAQs

Exclusions on motor insurance if you are under the influence? ›

Significant exclusions and limitations

What are the general exceptions of motor insurance? ›

Drunk driving is a popular exclusion of motor insurance. If the insured vehicle is damaged in a road accident while the driver had consumed alcohol or any other intoxicating substance, then the insurance company will not pay for the incurred damages.

What kind of exclusions might be included in a car insurance policy? ›

Death, injury, or damage sustained by nuclear accidents, war, or other catastrophic events are not covered by car insurance.

Can insurance refuse to pay if you were drunk? ›

In most cases, the driver's insurance company is responsible for paying the claim of an accident victim, even if the driver was intoxicated or drugged at the time of the crash. However, you must prove the drunk driver caused the DUI accident before you can recover any compensation for your damages.

Does insurance cover under the influence? ›

Driving recklessly or under the influence

Drivers need to exercise reasonable precautions when driving. If you drive under the influence of alcohol you are breaking the law (whether you are tested or not) and your insurer will decline your claim.

What are exceptions in insurance? ›

Exceptions limit the application of an exclusion such that it does not apply to the described circ*mstances. For example, an exception to the commercial general liability (CGL) policy's watercraft and aircraft exclusion leaves coverage in place for liability assumed in an insured contract.

What are the general exceptions to liability? ›

The general exceptions in IPC include mistakes of fact, judicial acts, accidents, absence of criminal intention, acts done by consent, trifling acts, and the right of private defence.

What are the major types of exclusions? ›

The three major types of Exclusions are:
  • Excluded perils or causes of loss.
  • Excluded losses.
  • Excluded property.

What is an example of an insurance exclusion? ›

For example, homeowners policies typically exclude coverage for flood damage, but this protection is available through a separate flood policy. Many insurance policies exclude wear and tear, since that kind of damage isn't accidental.

What are exclusions from coverage? ›

An exclusion is a provision within an insurance policy that eliminates coverage for certain acts, property, types of damage or locations. Things that are excluded are not covered by the plan, and excluded costs don't count towards the plan's total out-of-pocket maximum.

Will insurance cover my car if I was drunk? ›

While insurance companies are supposed to pay for your damage after a drunk driving accident, this isn't always the case, as stated previously. Many insurance companies want to protect their bottom line, and if that means paying you less, they will do that with no hesitation.

Can I claim if I was drunk? ›

If you were involved in an accident that occurred while you were drunk, there is the potential that you could still claim compensation for this accident. The amount of compensation may be lessened if you are found to be partly responsible for the accident due to your drunken state.

What actions can an insurance company take if you receive a DUI? ›

If you have a DUI violation, your rate will go up. Insurance companies may consider DUI drivers as riskier to insure or even refuse coverage.

What would be excluded by a policy providing automobile medical payments insurance? ›

The personal auto exclusion applies to bodily injury to any insured while occupying a vehicle being used in the business of an insured, but does not apply to injury while occupying a private passenger auto, a pickup or van, or a trailer used with such a vehicle.

What makes a vehicle uninsurable? ›

Insurers might limit coverage or deem a car uninsurable if its market value is too low to justify the cost of premiums, particularly for liability-only policies. The condition of a vehicle, including its safety features, impacts its insurability.

What are general conditions in an insurance policy? ›

Thus, the general conditions of an insurance policy can be defined as the basic regulatory principles of the relationship between the insured and the insurer, that is, the insurance company. General conditions they usually respond to a standard model that Insurance companies apply to any insured.

What are the six major types of coverage found in a typical automobile insurance policy? ›

The six most common types of car insurance coverage are:
  • Liability insurance.
  • Collision coverage.
  • Comprehensive insurance.
  • Uninsured motorist coverage.
  • Medical payments coverage (MedPay)
  • Personal injury protection (PIP)
Apr 11, 2024

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