by Guest » Mon Apr 23, 2012 07:44 am
I live in the state of Illinois, and have been charged with a DUI recently. Not only that, since one of the the injured was around 13 or 14 years of age, the charge is now an aggravated DUI. How will my insurance cover me, in such a case? How will my policy change in the future? Am at a loss. Please help.
Posted: Tue Apr 24, 2012 01:16 pm Post Subject: aggravated DUI
Usually, insurers provide coverage even if the driver was under influence at the time of the accident. The claim amount depends on the limit of coverage though.
However, your policy might be cancelled later on. Or you may have to pay exorbitant premiums for further coverage.
Posted: Tue Apr 24, 2012 01:35 pm Post Subject:
How will my insurance cover me, in such a case?
Your insurance company owes you a defense. Not for the criminal aspect of your DUI, but for the civil nature of the tort you committed (damages to the vehicle, and injuries to the occupants).
The claim amount depends on the limit of coverage though.
This is incorrectly stated. Claims for injuries are paid according to the (a) actual medical expense, (b) other direct expenses proved by the submission of bills/invoices, and (c) general damages ("pain and suffering") which are negotiable. Claims for property damage (collision damage to the vehicle) are determined according to Actual Cash Value, and your property damage liability coverage may or may not be sufficient to cover all the damage.
The insurer will pay the cost of your defense and pay the claim awarded by the court (if this even goes to trial) up to your policy limits of liability. Any excess liability comes out of your own pocket.
If the injuries to the child were not serious, then a minimum liability policy could be sufficient to cover all claims.
As stated, you could be non-renewed or even cancelled, either of which will make new insurance more costly. Or they could rate you substandard and charge you a much higher premium. It would be your choice to pay it or seek other coverage.
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