Will insurance pay out if you write off a car when drunk?
Will insurance pay out if you write off a car when drunk?
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Discussion

Rockatansky

Original Poster:

1,830 posts

217 months

Friday 16th October 2015
quotequote all
As per title, will an insurance company pay out for a total loss of your vehicle after you've pranged it in a drunk driving incident?

My guess is no or, at least, they shouldn't.

I ask because one of my more gifted colleagues stuffed his car into 2 or 3 parked cars a few weeks back. He was 3 times over the limit and has a date to appear in front of the Sheriff in November.

In the meantime he says his insurer has paid him out on the value of his car, something I find hard to fathom - although I doubt he bothered to tell them he was fully jaked at the time of the crash..

Anyone know what the routine is in such cases?

nitrodave

1,262 posts

168 months

Friday 16th October 2015
quotequote all
I don't see why they wouldn't, it's what you pay them for.

Doesn't stop the law coming down on him with full force though, so it's not like he's got away with it.... yet

Rockatansky

Original Poster:

1,830 posts

217 months

Friday 16th October 2015
quotequote all
nitrodave said:
I don't see why they wouldn't, it's what you pay them for.
I guess that's maybe fair enough, although I just assumed that there would be some sort of get out for the insurer due to the guy being pi55ed.

I could be wrong, wouldn't be the first time, not even the first time today biggrin

surveyor

18,705 posts

214 months

Friday 16th October 2015
quotequote all
I think I've seen a thread that some insurers have a clause excluding liability to the insured (as opposed to third party liability) where unfit through drink or drugs. I may have dreamt this though.


Tyre Smoke

23,018 posts

291 months

Friday 16th October 2015
quotequote all
Rockatansky said:
nitrodave said:
I don't see why they wouldn't, it's what you pay them for.
I guess that's maybe fair enough, although I just assumed that there would be some sort of get out for the insurer due to the guy being pi55ed.

I could be wrong, wouldn't be the first time, not even the first time today biggrin
He hasn't appeared in court yet? Then he is innocent at the moment of being three times the legal drink drive limit. He hasn't actually be convicted of anything has he?

Rockatansky

Original Poster:

1,830 posts

217 months

Friday 16th October 2015
quotequote all
I completely understand that until a conviction is secured he is innocent, no problem there.

Is the implication that if a conviction is secured the insurers may revisit their assessment?

bradjsmith88

117 posts

158 months

Friday 16th October 2015
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Read the insurer's policy booklet.

Most don't exclude it.

Some do.

The one's that exclude don't normally rely on a prosecution.

Soov535

35,829 posts

301 months

Friday 16th October 2015
quotequote all
Depends on his policy. Some exclude it and don't pay out. Some don't.

If his does, and he gets convicted, they'll be wanting the money back.

TwigtheWonderkid

49,174 posts

180 months

Friday 16th October 2015
quotequote all
Admiral specifically exclude it, but I'm not aware of anyone else excluding it.

Rockatansky

Original Poster:

1,830 posts

217 months

Friday 16th October 2015
quotequote all
Interesting stuff, looks like I was a bit wide of the mark in my initial assumptions.

I've had a quick read of one of my own policy conditions booklets and I can't see anything specific in there.

The only bit that comes close is "Your insurance does not cover..any legal responsibility, loss or damage arising while any vehicle covered by this insurance is being..driven by or is in the charge of anyone who..does not keep to the conditions of their driving licence."

Not sure if that covers this scenario.

Al U

2,394 posts

161 months

Friday 16th October 2015
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Aviva do too IIRC.

smithyithy

7,927 posts

148 months

Friday 16th October 2015
quotequote all
Pretty sure my last couple of insurers (Churchill, Elephant) have mentioned it to me. When buying over the phone, just before finalising the deal when they read the main T's & C's out.

I actually can't remember what either's policy on it was - I don't drink so it won't ever affect me making a claim.

LoonR1

26,988 posts

207 months

Friday 16th October 2015
quotequote all
There is no one answer to this.

If your policy doesn't explicitly exclude cover, then you are covered. If it does exclude it explicitly, then you're not covered. Some will even chase you for the incurred TP costs too, although this is rare.

Exclusion for drink or drugs is starting to become more frequent for own damage and that's no bad thing IMO.

I'm intrigued how they've managed to write his car off and pay him out so quickly though. Drink driving cases are normally heard within a few days and pay outs for write offs rarely happen that quickly.

TwigtheWonderkid

49,174 posts

180 months

Friday 16th October 2015
quotequote all
Rockatansky said:
The only bit that comes close is "Your insurance does not cover..any legal responsibility, loss or damage arising while any vehicle covered by this insurance is being..driven by or is in the charge of anyone who..does not keep to the conditions of their driving licence."

Not sure if that covers this scenario.
No, that's something totally separate. Nothing to do with drink driving.

TwigtheWonderkid

49,174 posts

180 months

Friday 16th October 2015
quotequote all
LoonR1 said:
Exclusion for drink or drugs is starting to become more frequent for own damage and that's no bad thing IMO.

It's fair enough if the policyholder is driving, but unfair in my view if a named driver is driving.

Rockatansky

Original Poster:

1,830 posts

217 months

Friday 16th October 2015
quotequote all
LoonR1 said:
I'm intrigued how they've managed to write his car off and pay him out so quickly though. Drink driving cases are normally heard within a few days and pay outs for write offs rarely happen that quickly.
The incident happened about 3 weeks ago. He was arrested and held overnight, he was charged and has a court date (Scottish Sheriff Court) at the end of November.

The settlement was made in the last week or so as far as I can tell, so around 2 weeks after the event.

I have no idea about timescales of any of these things, thankfully.

LoonR1

26,988 posts

207 months

Friday 16th October 2015
quotequote all
Rockatansky said:
The incident happened about 3 weeks ago. He was arrested and held overnight, he was charged and has a court date (Scottish Sheriff Court) at the end of November.

The settlement was made in the last week or so as far as I can tell, so around 2 weeks after the event.

I have no idea about timescales of any of these things, thankfully.
So that means he'll have had another 9 weeks of time to drink drive his heart and guts out before he gets banned. IME anyone getting charged with drink driving is up before the beak within a matter of days not months.

Rockatansky

Original Poster:

1,830 posts

217 months

Friday 16th October 2015
quotequote all
LoonR1 said:
So that means he'll have had another 9 weeks of time to drink drive his heart and guts out before he gets banned. IME anyone getting charged with drink driving is up before the beak within a matter of days not months.
I don't have any experience, so I don't know if it's normal or not - and I don't know how the English & Scottish systems may vary.

I agree with your sentiment though, not his first time either.....

PurpleMoonlight

22,362 posts

187 months

Friday 16th October 2015
quotequote all
Rockatansky said:
The incident happened about 3 weeks ago. He was arrested and held overnight, he was charged and has a court date (Scottish Sheriff Court) at the end of November.

The settlement was made in the last week or so as far as I can tell, so around 2 weeks after the event.

I have no idea about timescales of any of these things, thankfully.
Seems like a winner. No agro of having to sell it.

Hope no-one was injured though.

fastbikes76

2,450 posts

152 months

Friday 16th October 2015
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A DD smashed into my neighbours parked car around 11:30pm, I eventually managed to stop her 9 miles later where she was arrested (after a 40 min wait for police).

She blew 103 at the station on 10/8 and only had court on 12/09

She was given

A community order for 12 months
80 hours unpaid work
Disqualified from driving for 23 months
£200 fine
£395 in costs.

Seems she too had around a month to continue bieng reckless frown