Does insurance cover DUI accidents?

UPDATED: Aug 2, 2010

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UPDATED: Aug 2, 2010Fact Checked

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Asked August 2, 2010

1 Answer


Unless your policy specifically lists an Operating Under the Influence (OUI) clause, the insurance company will pay the damages up to the limits of your car insurance policy. Additionally, your insurance will be involved even if you were not charged with any other offenses than the DUI because most states automatically transfer the fault to the person who was driving impaired, whether they caused the accident or not.

Once the accident is over and you are allowed to drive again, you can expect to pay the price in terms of your insurance company. Most states will require you to carry an SR-22 state of liability for 1 to 3 years after the accident in addition to your regular insurance, and your insurance rates are almost certain to increase because you have demonstrated that you pose an increased risk to the insurance company by driving while impaired.

If your policy does include an OUI clause, then you are left with the responsibility of paying for all costs associated with the accident out of pocket. To protect the innocent and unsuspecting public, OUI clauses are not used in most states, but may be applied under certain circumstances, such as having had multiple DUI's, some of which resulted in insurance claims. Once you have demonstrated an increased risk due to intoxication, some insurance companies will insist on OUI clauses as a stipulation of issuing a car insurance policy to you.

Answered August 2, 2010 by Anonymous

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