Does Auto Insurance Cover DUI Crashes?
As a Los Angeles personal injury attorney, I handle car crash cases that involve drunk drivers. A question I receive frequently is whether these cases are covered by insurance.The reason for the question probably has to do with a known exclusion applicable to insurance policies: intentional criminal acts.Insurance covers negligence. It doesn't typically cover intentional behavior.For example, if a driver intentionally drove into a crowd of pedestrians, the exclusion might apply. But if he didn't realize that he had a red light and hit someone, that could be a different story. The latter is an example of negligence, not criminal behavior.In the DUI crash cases that I've handled in Los Angeles, auto insurance was available to cover the damages. Insurance companies view DUI crashes as negligence, not intentional criminal conduct.Of course, that's not necessarily how law enforcement views things. Driving under the influence is a serious violation of the law and can lead to arrest, imprisonment, and prosecution.But on the civil side, auto insurance typically covers DUI cases when a drunk driver causes a crash that injures someone else.Sometimes, DUI cases can lead to punitive damages--that is, damages intended to punish the driver for the DUI. Usually, insurance does not cover punitive damages.Punitive damages are a difficult subject. Their applicability is highly fact specific to each case. I hope to explore the topic of punitive damages in a future post.For questions about your Los Angeles DUI or other crash, the Rabbi Lawyer is ready to assist, 24/6.