Does Car Insurance Cover Illinois DUI Accidents?

Driving under the influence (DUI) of alcohol or drugs is a serious offense with life-altering consequences. Every day in the United States, approximately 37 people die in drunk driving accidents, according to the National Highway Traffic Safety Administration (NHTSA) [1].

While most people understand the criminal and personal repercussions of drunk driving accidents, fewer are aware of the complexities surrounding car insurance in these situations. Whether you’re involved in a DUI accident as a victim or the at-fault driver, understanding how insurance plays a role is crucial to navigating the legal and financial aftermath.

Liability Coverage in a DUI Car Accident

When it comes to car insurance, liability coverage is a mandatory component of most policies, designed to cover the damages and injuries you may cause to others in a car accident. But how does this coverage apply to drunk driving accidents?

Third-Party Liability

Even if a driver is at fault for driving under the influence, their insurance policy’s liability coverage will typically still apply to compensate for injuries and damages suffered by third parties.

This means the at-fault driver’s insurance company is generally required to cover the victims’ medical bills, property damage, and other expenses, including those of other drivers, passengers, or pedestrians involved in the accident.

However, there are caveats. While the car insurance company may initially offer compensation, specific exclusions or limitations could affect the final amount. Policies may have clauses limiting coverage in car accidents caused by gross negligence or criminal behavior, such as driving under the influence.

Reviewing your policy carefully is essential to understand the exact terms and limitations.

Limitations and Exclusions

In some DUI cases, the at-fault driver’s insurance may not fully cover the damages, especially if the policy includes exclusions for intentional acts or gross negligence. While drunk driving accidents aren’t always considered “intentional,” insurance companies may argue that the act of driving drunk shows a reckless disregard for others’ safety, potentially limiting coverage.

Some policies may also cap the amount of liability coverage, leaving victims with damages that exceed the available compensation. When this happens, victims may have to pursue civil claims against the at-fault driver for the remaining costs, including pain and suffering or lost wages.

These gaps in coverage highlight the importance of consulting with a legal professional to ensure you receive the compensation you deserve.

Collision and Comprehensive Coverage in DUI Accidents

While liability insurance addresses third-party damages, what about the at-fault driver’s own vehicle? This is where collision and comprehensive coverage come into play.

Car Insurance for the DUI Driver’s Vehicle

Collision coverage, which pays for damage to the at-fault driver’s vehicle, may still apply in a DUI accident. Similarly, comprehensive coverage, which protects against non-collision events like theft or natural disasters, could also cover damages.

However, whether these forms of car insurance apply in a car accident involving drunk driving depends heavily on the policy’s specific terms.

Many insurance companies reserve the right to deny collision or comprehensive claims if the damage occurred due to a DUI. Again, reviewing the specific terms of your car insurance policy can help you understand whether or not your insurance will pay for the damage in these circumstances.

Potential for Increased Premiums by The Insurance Company

Even if your car insurance covers the damage to your vehicle after a DUI accident, the financial fallout doesn’t end there. Car insurance companies will likely raise your premiums significantly after a DUI conviction.

Statistically, drivers with DUI convictions are considered high-risk, meaning they are more likely to file claims in the future. As a result, you can expect your insurance rates to spike, sometimes by as much as 80%, depending on the severity of the accident and your driving history.

Legal and Financial Consequences of DUI Accidents

Beyond the immediate impact on insurance claims, DUI accidents come with severe legal and financial repercussions.

Criminal Charges and Penalties

DUI charges often result in significant criminal penalties. Depending on the circumstances, penalties may include heavy fines, mandatory community service, loss of driving privileges through license suspension or revocation, and even imprisonment.

For first-time offenders, penalties may be lighter, but repeat offenders or those involved in accidents with severe injuries or fatalities face harsher sentences.

Civil Liability

In addition to criminal penalties, DUI drivers can be personally liable for damages exceeding their insurance coverage. If the victim of the drunk driving accident suffers property damage or has medical bills insurance doesn’t cover, the at-fault driver may face a civil personal injury lawsuit.

Courts may award compensation to the victims that the at-fault driver must pay out of pocket. In severe cases, these financial burdens can lead to wage garnishments, liens on property, or bankruptcy.

Impact on Future Insurability

A DUI conviction can have long-lasting effects on a driver’s ability to secure affordable car insurance in the future. After a DUI, finding an insurance company willing to offer coverage may be difficult, and even if coverage is available, the premiums will likely be astronomical.

Some drivers may be forced into high-risk insurance pools, where rates are far higher than those offered by traditional insurers.

The Role of a Personal Injury Lawyer

If you’ve been involved in a drunk driving accident, whether as a victim or the at-fault driver, navigating the complex web of legal and insurance issues can be overwhelming. This is where a personal injury lawyer can make all the difference.

Protecting Your Rights

A personal injury lawyer plays a critical role in ensuring your rights are protected, especially if you are a victim of a DUI accident. From gathering evidence to filing claims, an experienced car accident attorney can guide you through the legal process, ensuring you receive the compensation you are entitled to from the insurance company.

Negotiating with Insurance Companies

Dealing with an insurance company after a DUI accident can be daunting. Insurers may attempt to minimize settlement amounts or deny claims altogether, especially if the accident involved gross negligence. A skilled lawyer can negotiate on your behalf, ensuring the insurance company honors the policy’s terms and provides adequate compensation.

Representing You In Court

In some cases, negotiations with the insurance company may not result in a fair settlement. If this happens, your lawyer can represent you in court, advocating for your rights before a judge or jury. Additionally, if you are facing criminal charges for a DUI, having a lawyer by your side can be invaluable in minimizing the legal consequences.

Secure Expert Legal Representation

If you or someone you know has been involved in a drunk driving accident, seeking legal advice is crucial. Whether dealing with an uncooperative insurance company, navigating rising insurance premiums, or facing criminal charges, a skilled drunk driving accident lawyer can help you secure the best outcome.

Consult Rosenfeld Injury Lawyers today to explore your options and move forward with confidence.

Resources: [1] NHTSA

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.