If say you crash into a tree or somesuch and subsequently found to be over the limit, or under the influence of drugs, would your insurer pay out? Likewise if you crashed your vehicle, and were charged, and found guilty in court of dangerous driving, same question.
Seems very reasonable to me for them not to pay out. Even for personal injury because I would consider it to be self inflicted.
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Policies normally exclude driving under the influence of alcohol or drugs so accidental damage to the vehicle caused whilst under the influence or drugs would not be covered.
A charge of dangerous driving would not affect the contractual obligation of an Insurer to meet the claim.
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They pay out to third parties though, Yes?
And seek to reclaim that from the insured?
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I am not an insurance expert but would expect a policy to be effectively third party only in the circumstances stated.
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From www.bbc.co.uk/news/business-17489887
The Road Traffic Act states insurers still have to pay out for third party claims, even if an insurer tried to exclude you from cover on the grounds of that you were under the influence of drink or drugs.
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>> I am not an insurance expert but would expect a policy to be effectively third
>> party only in the circumstances stated.
>>
Indeed, for example see article 9 of the 'General Exemptions' section of a Swiftcover policy:-
www.swiftcover.com/carinsurance/policy-wording/1_1_189_CarPolicyWording.pdf
"9. More than our legal liability under compulsory motor insurance
legislation for any claim, if the driver of your car at the time of the
accident:
• is found to be over the permitted limit for alcohol;
• is unfit to drive through drink or drugs, whether prescribed or
otherwise; or
• fails to provide a swab sample or sample of breath, blood or
urine when required to do so, without lawful reason.
Where we are required to make a payment in such circumstances,
we reserve the right to recover any such amounts from you or the
driver of your car."
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They pay out to third parties though, Yes?
And seek to reclaim that from the insured?
Yes if there is of a policy condition which is breached and Insurer pays out because of their obligations under the RTA they would have the right to recover from the Insured.
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FM2R will probably be able to give you chapter and verse.
Locally, if you are insured, and are involved in a smash and subsequently found to be D&D, it is a given that the third party rips you a new one in the civil courts. Your insurers will not touch it... and why should they?
Likewise for non-roadworthy cars, unlicensed drivers etc.
Though the insurance bods have a reputation for being 'letter of the law', they normally are Ok, I find.
Depends on your claims history.
But IF you are in the wrong, you are getting nothing.
My BMW was smashed once, totally not my fault, took it in the next day and the first thing the guy did was check tyre depth. Why? Because IF it was proven my vehicle was Unroadworthy, they'd have reason to refuse to pay.
As it was, all was fine, and things got fixed, and the other party paid for damages etc.
Having household and vehicle on the same policy helps here. They look at claims history, profile, etc, and I've never had a problem claiming for break-ins etc.
Had 3 claims in 20 years.
1 broken window, 2 burglaries.
My insurance friend says "You are the client we want... because we hate dealing with bullsh*tters. You could probably claim thousands over, and no quibbles."
The broken window was an attempted theft - new glass fitted, problem solved.
BUT I didn't claim for radio, speakers, leather jacket, 30 CDs, Raybans, camera, kitbag in the boot containing new trainers...
Which most scumbags try to do.
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When Mrs ON collected a car park ding, I noticed that the insurance assessor recorded all four tread depths on his documentation.
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The cover give under the "Third Party" portion of your insurance cover is governed by the law and the insurer cannot simply avoid any such claims.
However, if you have breached your policy Ts&Cs in a relevant and significant manner, then they may be able to seek recovery from you.
All other cover on your policy is a matter of a contract between you and your insurer. If you significantly and relevantly breach that contract, then they may avoid any other type of claim.
Last edited by: No FM2R on Wed 18 Jan 17 at 13:55
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They always have done O.N.
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Drink driving & insurance - CGNorwich
