Does Insurance Cover DUI Accidents in Tennessee?
Motor vehicle accidents caused by intoxicated drivers often result in severe injuries or even death, as noted by Tennessee DUI statistics.
In the aftermath of a drunk driving accident, you may be overwhelmed and wondering, “Does insurance cover DUI accidents?” Today, we’ll guide you through the personal injury claims process for an alcohol-related crash.
The Short Answer: Yes, But Securing a Payout Can Be Challenging
To understand why insurance companies must pay for a DWI accident, we must understand the at-fault concept. Like most states, Tennessee has a modified comparative fault law (TN Code § 20-1-119). This means that if someone was more than 50% responsible for an accident, their insurance provider is required to pay for damages relating to their policyholder’s crash.
However, insurance companies often fight to avoid liability because accidents caused by drunk driving tend to be more severe – and therefore more expensive.
Will the Drunk Driver’s Insurance Cover Your Damages?
In Nashville, if an impaired driver hits you, their liability insurance is obligated to cover your medical expenses and property damage.
Tennessee requires drivers to have auto insurance policies, with minimums of $25,000 per person or $50,000 per accident in bodily injury and $25,000 in property damage (TN Code § 55-12-139). The negligent driver’s insurance policy will be the first source of compensation, but these minimums may not be enough to cover all your needs.
What Happens if My Car Totaled in the Crash?
An insurer will consider a car totaled if the cost to repair it exceeds 75% of its actual cash value. In some cases, the car may meet the legal definition of a non-repairable vehicle, which is illegal to drive (TN Code § 55-3-201).
The insurance policy will pay the actual cash value of the car, which will vary depending on the make, model, and condition. If the car was worth more than $250,000, then you may have to pay for the rest out of your own pocket.
When Won’t the At-Fault Driver’s Insurance Pay for the Car Accident?
In most cases, the drunk driver’s insurance company will pay for your damages. However, you may face legal problems trying to collect, which is why it’s essential to work with a drunk driving accident attorney. We can help you navigate this highly regulated industry and use Tennessee law to ensure the car insurance pays for your damages.
Policy Exclusions and Denials by the Car Insurance Company
Insurance policies often have intentional misconduct exclusions. This means the policyholder took a high-risk action, such as driving under the influence and causing a car accident.
A car insurance company will typically use this against a driver rather than a victim, such as canceling their policy and forcing them to pay for damages. With victims, companies often undervalue the claim or delay it until Tennessee’s one-year statute of limitations expires.
When there are two or more people involved in a DUI accident, the different insurers may each argue that their clients were not liable for the accident.
Our DUI accident lawyers will investigate the circumstances, explore the driver’s insurance policy, and counter common insurance company tactics like delaying claims.
The Driver Has No Insurance or Insufficient Coverage
More than 20% of Tennesseeans lack car insurance, making it difficult to obtain fair compensation. Unfortunately, drivers who take bad risks on the road are often uninsured, especially if they have a prior DUI conviction.
A DUI accident in Nashville can trigger insurance rate hikes ranging from 80% to 300%, policy cancellation, and classification as a high-risk driver. DUI convictions can stay on a person’s record for up to seven years and will increase insurance rates during that time. As such, the person may be unable to find a new insurer or afford higher collision coverage premiums.
Driving under the influence of drugs or alcohol is extremely dangerous and significantly increases the risk of life-threatening injuries. As such, victims often incur significant expenses, such as medical bills and lost wages. Tennessee’s minimum insurance coverage requirements may not be enough to cover your medical expenses and other costs, leaving you to search for alternatives.
Using Your Own Insurance After a Drunk Driving Accident
You may be able to use your own car insurance to cover a drunk driving accident, depending on what type of insurance you have.
Uninsured/Underinsured Motorist (UM/UIM) Coverage in Tennessee
Tennessee does not require uninsured or underinsured motorist coverage, but these policies can be crucial after a drunk driving accident.
Uninsured motorist coverage will pay for your expenses if the negligent driver did not have any insurance. On the other hand, underinsured motorist coverage will cover costs above the negligent driver’s policy limit.
Why You Need a Personal Injury Lawyer, Not a Criminal Defense Lawyer
A drunk driving accident may be both a civil and criminal matter. The state of Tennessee may press criminal charges against the driver, including suspension of their license, fines, or jail time. The defendant would then need a criminal defense lawyer to represent them.
Civil claims are separate from criminal court. The burden of proof is lower, as we must only prove the defendant did not uphold their duty of care. A civil case focuses on compensating the victim rather than penalizing the defendant.
How Does a Drunk Driving Conviction Affect Your Civil Claim?
If the defendant is charged with a DUI, this can be valuable evidence for your civil claim, as it proves negligence. Having a skilled, aggressive attorney by your side will ensure this evidence is used to maximum effect.
Will My Own Car Insurance Pay If I Was the Driver with the DUI?
If you were the negligent party in a drunk driving accident, then your liability insurance should cover the other person’s expenses. However, if you were found to have acted with intentional misconduct, then your insurance may not cover damages awarded in a lawsuit due to “intoxication exclusion” clauses, leaving you to pay for these on your own.
Your collision coverage may also not cover your vehicle damage and medical expenses, depending on specific policy exclusions. A DUI is considered gross negligence and can lead the insurer to void your coverage. Additionally, the insurer can sue you to recover the damages they paid to the victims.
Given the serious legal and financial repercussions of driving drunk, always have a designated driver.
Book a Free Consultation
Our team will handle all third-party communications, investigate the accident to prove intoxication, and aggressively negotiate with the insurer for the maximum compensation available under Tennessee law. We work on a contingency fee basis, meaning you owe us nothing unless we win. To schedule a free, no-obligation consultation, call us at 615-255-9999 or use our online contact form.
