Discussion
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?
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?
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.
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.
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.
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.
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.
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.
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? 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.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff



I'm never gonna convince folk with this one! 

