Knowing that insurance can cover damages may bring some relief during a stressful and unexpected event like a car crash. But what happens when the person who provoked it is under the influence of drugs and/or alcohol? Does insurance cover dui accidents? In California, auto insurance typically covers car accidents—even those involving a driver under the influence—up to the limits specified in the policy.
This coverage includes liability for injuries and property damage caused to others, and, if the driver has it, collision coverage for their own vehicle. However, coverage may be denied if the insurance company can show that the crash was caused intentionally, as intentional acts are generally excluded from standard auto policies. Simply being intoxicated does not automatically void your coverage.
So if another driver provoked the accident, their liability insurance should cover your medical expenses, vehicle repairs, and other losses. However, you must prove that the other driver’s actions directly caused the accident. Being under the influence does not automatically make someone at fault.
Skilled DUI accident attorneys can make a great difference in determining liability, claiming compensation, and settle as quickly and successfully as possible.
How Does Insurance Cover DUI Accidents?
In California, auto insurance generally does cover accidents involving a driver under the influence of drugs or alcohol, as long as the crash was not caused intentionally. Standard policies include liability coverage, which pays for injuries and property damage caused to others, and collision coverage, which pays for damage to the policyholder’s vehicle.
However, if the insurance company determines that the act was intentional, coverage may be denied, since intentional conduct is excluded under most policies.
A DUI conviction can drastically affect your insurance rates. After a DUI, insurers typically consider you a high-risk driver, and your premiums may increase significantly—often by over 185%. In some cases, your insurer may choose not to renew your policy at all, forcing you to seek coverage from companies that specialize in high-risk drivers.
In addition, California law requires drivers with a DUI conviction to obtain an SR-22 certificate. This is a form your insurance company files with the DMV to prove that you carry the state’s minimum required liability insurance. The SR-22 is usually required for three years following a DUI.
What Happens If the Drunk Driver Who Caused the Crash Doesn’t Have Insurance?
If the DUI driver responsible for the accident doesn’t carry auto insurance, you still have several potential ways to recover compensation:
- Uninsured Motorist Coverage (UMC): If you have this protection in your own car insurance policy, it can help cover medical expenses, lost income, and other losses resulting from the crash.
- Filing a Personal Lawsuit: If the at-fault driver has financial resources or property, you may be able to file a civil lawsuit to seek damages. A car accident attorney in Rio Linda can guide you through this process.
- State Victim Compensation Programs: California offers financial assistance to victims of certain crimes, including DUI accidents. These programs may help cover out-of-pocket medical bills, therapy costs, or lost wages—though not property damage or non-economic losses like pain and suffering.
How Insurance Companies Handle DUI-Related Accident Claims
When a crash involves a driver under the influence, insurance companies often take steps to limit their financial responsibility—regardless of whether you’re the injured party or the one accused of causing the accident.
One common tactic is to argue that you share some responsibility for the incident. Under California’s comparative negligence laws, insurers can reduce the amount they owe based on your percentage of fault. They may also stall the claims process or pressure you to accept a lower settlement by dragging out investigations or pointing to supposed gaps in your case.
Another strategy insurers use is questioning the seriousness of your injuries. If you lack clear medical records, expert opinions, or documentation from the scene, they may downplay your condition to reduce compensation.
To evaluate fault and determine coverage, insurers rely heavily on:
- Police reports and witness statements
- Photos, videos, and physical evidence from the scene
- Blood alcohol concentration (BAC) test results if DUI is suspected
- Arrest records and any formal DUI charges
It’s important to understand that even without a DUI conviction, a failed sobriety test or pending charges can still influence how an insurance company approaches your claim. Insurers do not need a guilty verdict to take action—they base their decisions on available evidence, not the outcome of a criminal trial.
How a DUI Affects Your Car Insurance Rates
A DUI conviction will almost certainly raise your car insurance premiums. Insurance companies view drivers with a DUI as high-risk, and many will significantly increase your rates or even decline to renew your policy. While some insurers, like Progressive, do continue to cover drivers with a DUI on their record, the premium increase is typically substantial.
Contrary to some reports that suggest a 13% average increase, most drivers see their rates go up by 30% to 70% or more after a first DUI—especially in states like California, where insurance companies take DUIs very seriously.
The exact increase will depend on several factors, including your age, the severity of the offense, how long ago it occurred, and your overall driving history. If your DUI is the only mark on an otherwise clean record, your rate might not spike as sharply as someone with prior tickets or accidents—but a noticeable jump is still expected.
In California, a DUI stays on your driving record for 10 years, during which time insurers can legally use it to determine your rate. Once that time has passed and the DUI no longer appears on your motor vehicle report, you may qualify for lower premiums again. However, rates don’t drop automatically—you may need to request a policy review or shop around for better offers.
Have Experienced DUI Accident Attorneys by Your Side
In the event of a car crash, having a skilled lawyer by your site can make or break your claim – especially if a DUI is involved. DUI accident attorneys at Megeredchian Law are aggressive, knowledgeable, and experienced. Hire the best representation by calling (866) 359-0807. Hablamos Español.