Drunk Driver
Author
Discussion

5150

Original Poster:

752 posts

284 months

Saturday 27th June 2020
quotequote all
Ok, not asking 'for a friend' before you ask, but . . .

My Mum's friend's son got caught drink driving / damaged their car.

Apparently insurance has already paid out for the damage(!)

Questions that came up were:

Surely you can't drive after being caught by the Police? Instant ban?

Secondly; Is that normal to pay out for DD's if they prang their vehicle in the act? Would they attempt to retrieve the monies paid out upon learning it was due to DD?

Anyone know / had any experience of this?


fastbikes76

2,450 posts

151 months

Saturday 27th June 2020
quotequote all
My idiot nephew did the exact same... and yes bizarrely enough you are not banned until your court date, so can continue to drive legally until such time !! His insurance paid out and so far two years down the road have not shown any signs of recovering their outlay.

SS2.

14,712 posts

267 months

Saturday 27th June 2020
quotequote all
5150 said:
Surely you can't drive after being caught by the Police? Instant ban?
The police can't disqualify you from driving - that's a job for the courts.

He can continue to drive until his case has been heard, he's been convicted and a ban imposed.

paintman

7,860 posts

219 months

Saturday 27th June 2020
quotequote all
Read the terms & conditions of your the Mum's friend's son's insurance & see what is said re DD.


5150

Original Poster:

752 posts

284 months

Saturday 27th June 2020
quotequote all
paintman said:
Read the terms & conditions of your the Mum's friend's son's insurance & see what is said re DD.
biggrin I'm never gonna convince folk with this one!

Tyre Smoke

23,018 posts

290 months

Saturday 27th June 2020
quotequote all
So he drove drunk, had an accident and insurance paid out?

Technically I suppose he wasn't over the limit until the police proved it by breathalyser at the scene. So that's why the insurance paid out. And secondly, he's not disqualified or a drunk driver until he is convicted as others have said.

I don't know, but the police arrested him for suspicion of being over the limit as indicated by their sample. He's effectively being removed from the public for his own safety until he blows under. Obviously they will then put a case the the CPS for the charge of driving while unfit through drink.

megaphone

11,653 posts

280 months

Saturday 27th June 2020
quotequote all
It's no different to any other reckless act whilst driving, insurance is in place to cover it.

mickyh7

2,347 posts

115 months

Saturday 27th June 2020
quotequote all
It has never been against the law to drink and drive. It is quite legal to do so.

Alucidnation

16,810 posts

199 months

Saturday 27th June 2020
quotequote all
mickyh7 said:
It has never been against the law to drink and drive. It is quite legal to do so.
How so?


NGee

2,940 posts

193 months

Saturday 27th June 2020
quotequote all
Tyre Smoke said:
Technically I suppose he wasn't over the limit until the police proved it by breathalyser at the scene. So that's why the insurance paid out.
rofl

DoubleD

22,154 posts

137 months

Saturday 27th June 2020
quotequote all
Alucidnation said:
mickyh7 said:
It has never been against the law to drink and drive. It is quite legal to do so.
How so?
Eh?

Om

2,187 posts

107 months

Saturday 27th June 2020
quotequote all
Alucidnation said:
How so?
Seriously? https://www.gov.uk/drink-drive-limit

anonymous-user

83 months

Saturday 27th June 2020
quotequote all
Insurance will be down to the specific company/policy.

Ban will be 12 month minimum, based on alcohol reading it could be higher. Will probably be offered course in court which can reduce the ban by 25%.

Alucidnation

16,810 posts

199 months

Saturday 27th June 2020
quotequote all
DoubleD said:
Alucidnation said:
mickyh7 said:
It has never been against the law to drink and drive. It is quite legal to do so.
How so?
Eh?
Oh.

getmecoat

imagineifyeswill

1,250 posts

195 months

Saturday 27th June 2020
quotequote all
Its not illegal to drink and drive as long as you stay under the limit.

Ive filled in a few insurance claim forms and accident reports over the years, your asked to describe in words and a diagram how the accident happened, Ive never seen a form that asked if you were drunk at the time, your under no obligation to answer questions that werent asked.

TwigtheWonderkid

49,040 posts

179 months

Saturday 27th June 2020
quotequote all
garyhun said:
Insurance will be down to the specific company/policy.
Correct. The vast majority pay out for your own damage if you're over the limit. You have insurance to cover your stupidity. If you smashed the car up doing 100 mph, you'd expect them to pay.

Some insurers do reduce cover to third party only if you're over the limit, Admiral group do.

agtlaw

7,402 posts

235 months

Saturday 27th June 2020
quotequote all
imagineifyeswill said:
Its not illegal to drink and drive as long as you stay under the limit.
Incorrect; see s. 4 RTA 1988.

4rephill

5,167 posts

207 months

Saturday 27th June 2020
quotequote all
agtlaw said:
imagineifyeswill said:
Its not illegal to drink and drive as long as you stay under the limit.
Incorrect; see s. 4 RTA 1988.
+1 yes

There's no mention in the regulation about a specific limit being exceeded, in order to be deemed to be guilty of an offence.

Teddy Lop

8,301 posts

96 months

Saturday 27th June 2020
quotequote all
SS2. said:
5150 said:
Surely you can't drive after being caught by the Police? Instant ban?
The police can't disqualify you from driving - that's a job for the courts.

He can continue to drive until his case has been heard, he's been convicted and a ban imposed.
like most offences you're innocent until proven guilty

TwigtheWonderkid said:
Some insurers do reduce cover to third party only if you're over the limit, Admiral group do.
Do/have they witheld paying out in DD cases, or sought to reclaim that which they've paid out?

donkmeister

12,874 posts

129 months

Saturday 27th June 2020
quotequote all
agtlaw said:
imagineifyeswill said:
Its not illegal to drink and drive as long as you stay under the limit.
Incorrect; see s. 4 RTA 1988.
Would I be correct in reading S4 as the law that makes it an offence to be in control of a motor vehicle if you seem pissed (to cover against one-can Van Damme types who might blow under but be drunk) and S5 as the law that makes it an offence to be in control of a motor vehicle when you blow over the limit regardless of how you seem (to cover against hardened alcoholics who might appear normal with a BAC that would floor most people)?