Accident whilst over the limit - who pays for damage?

[Sir Bagalot]

Certainly not me but asking the question

Someone I know had an single vehicle accident. Police attended and they blew a positive breath test. Arrested.

Back at the station they blew between 35 and 40 and as a result were not charged.

Their insurers refused to pay out on their now written off vehicle. Is that right?

They have now received a bill from Highways England for £11K for replacement of crash barrier. Their insurers have passed them the bill. Is that right?

<I'm not wanting the rights and wrongs of driving whilst over the limit, the driver knows their mistake>

[vonhosen]

What does their policy say about drink drive?

[Nurburgsingh]

I believe the answer your friend seeks will be found in the T&C's of the policy he has with his insurer.

[Dingu]

As others have said it depends on their policy. But yes it is fully possible that it could be correct.

[Watchthis]

If the driver wasn't under the influence of drink or drugs as proved by the police then I don't see how your insurance won't pay you out

[vonhosen]

Watchthis said:

If the driver wasn't under the influence of drink or drugs as proved by the police then I don't see how your insurance won't pay you out

OP states he was over the legal limit but not charged.
The Police have a higher threshold limit for charging than the actual drink drive limit.

[Foss62]

vonhosen said:

Watchthis said:

If the driver wasn't under the influence of drink or drugs as proved by the police then I don't see how your insurance won't pay you out

OP states he was over the legal limit but not charged.
The Police have a higher threshold limit for charging than the actual drink drive limit.

That doesn’t ring true to me…If no (successful) prosecution then there is no proof that a crime has been committed,
The insurance company should have no idea what the driver blew at the Police station and the driver certainly wouldn’t need to give them any information beyond the fact that he wasn’t over the limit when accurately tested.

[Drawweight]

Just a snapshot of the first insurance company I looked at (LV)

‘Is found to be over the permitted limit for alcohol or drugs,
either through roadside test or evidentiary sample’

So whether he’s prosecuted or not if he’s over the limit then he’s stuffed.

[vonhosen]

Foss62 said:

vonhosen said:

Watchthis said:

If the driver wasn't under the influence of drink or drugs as proved by the police then I don't see how your insurance won't pay you out

OP states he was over the legal limit but not charged.
The Police have a higher threshold limit for charging than the actual drink drive limit.

That doesn’t ring true to me…If no (successful) prosecution then there is no proof that a crime has been committed,
The insurance company should have no idea what the driver blew at the Police station and the driver certainly wouldn’t need to give them any information beyond the fact that he wasn’t over the limit when accurately tested.

No prosecution doesn't equate with no proof & civil cases have a lower burden than criminal (A charge for drink drive is criminal, an argument over financial liability & contracts is civil).
The OP states he was over the limit when tested at the station too, he was over 35.
What proof is available to (or the level required by his) insurance company, is not known to us.
The insurance company however clearly do know about it & we can only answer the OP's questions based on what he tells us.

[Milkyway]

Insurance will at least pay for the third party repairs... it wasn’t their fault.

[vonhosen]

Milkyway said:

Insurance will at least pay for the third party repairs... it wasn’t their fault.

They can sue their insured for the costs.

[martinbiz]

Milkyway said:

Insurance will at least pay for the third party repairs... it wasn’t their fault.

They may well do, but it doesn't stop them coming after him to try and recover their costs if he is in contravention of their terms

[helix402]

S4 rta is good.

[markjmd]

If the Police decided not to prosecute, how did the insurer even know that the driver had had anything to drink at all?

[eldar]

Interesting, if true. You break no law, but insurance company acts as judge, jury and benerits from the fine.

How do the insurance company know about the exact reading from the roadside breath test?

[Milkyway]

Limit is 35 - 40 for a breath test, & they take the lower reading.
So, between 35 & 40... surely the driver is JUST over the limit.
If they avoid prosecution...very lucky.
( No offence committed... unless there is more to it than meets the eye)

NB: Many years ago I was involved in a nasty incident.
I got sent a bill for calling an Ambulance out.
Ok, it was only £20... but my insurance covered it.

Edited by Milkyway on Thursday 30th June 22:39

[vonhosen]

eldar said:

Interesting, if true. You break no law, but insurance company acts as judge, jury and benerits from the fine.

How do the insurance company know about the exact reading from the roadside breath test?

The company apply the T&C's of the contract that the insured agreed.

[super7]

They ask the police officer looking after the case…. At least they did when my son was in the same situation (although he blew higher and had bloods taken in hospital!)

They paid out on the 3rd party liability, a house, to the value of £36k, the owners son rebuilt it and took the piss, but the insurance company went after him to recover the cost but gave up when they realised he had zero assets.

[eldar]

vonhosen said:

eldar said:

Interesting, if true. You break no law, but insurance company acts as judge, jury and benerits from the fine.

How do the insurance company know about the exact reading from the roadside breath test?

The company apply the T&C's of the contract that the insured agreed.

The arresting officer supplies the reading? Is that reading indicative, i.e. probably/possibly over the limit, or evidential, i.e. enough to obtain a conviction in isolation.

An interesting meeting of civil and criminal law.

[Durzel]

If you don’t want insurance with LV, or any other insurer who has this or any other term you think you’ll fall foul of, you can always cancel your policy within the 14 day cooling off period at no cost.