Does my auto insurance cover damage caused by a DUI or other criminal activity?
Are you curious if insurance covers damage caused by a DUI? If the insurance company believes the damage from the DUI was accidental, it will typically cover any claim you make. If another driver is at fault, their insurance company typically covers the damage to your car caused by a DUI.
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Published Insurance Expert
Melanie Musson is the fourth generation in her family to work in the insurance industry. She grew up with insurance talk as part of her everyday conversation and has studied to gain an in-depth knowledge of state-specific insurance laws and dynamics as well as a broad understanding of how insurance fits into every person’s life, from budgets to coverage levels. Through her years working in th...
Melanie Musson
Licensed Insurance Agent
Brandon Frady has been a licensed insurance agent and insurance office manager since 2018. He has experience in ventures from retail to finance, working positions from cashier to management, but it wasn’t until Brandon started working in the insurance industry that he truly felt at home in his career. In his day-to-day interactions, he aims to live out his business philosophy in how he treats hi...
Brandon Frady
Updated December 2023
- In most cases, an insurance company will cover damage caused by a DUI or other criminal activity
- The company will first want to know if the damage was accidental before they agree to pay
- If another driver was at fault, the outcome might depend on their level of insurance
When you’ve sustained damage to your vehicle, and it’s related to a DUI or other criminal activity, you may wonder how to file an auto insurance claim to cover the repairs. However, does your insurance cover this, and what will the company say?
We understand your concerns, and we’ve answered some of the questions about when auto insurance covers damage caused by criminal activity below.
Your Auto Insurance Should Cover Damage Caused by a DUI or Other Criminal Activity
In most cases, an insurance company will pay the damages if the driver was under the influence of drugs or alcohol. If you were participating in criminal activity, insurance coverage will still apply so long as the company judges the incident as accidental.
What You Should Know About Auto Insurance for DUIs
Even though it is illegal to drive under the influence of drugs or alcohol, an insurance company will not automatically reject your case if you cause an accident.
Instead, they’ll accept that you didn’t intend to do so, and your liability coverage will pay for damages to any third party. However, you will need comprehensive or collision coverage to pay for your vehicle’s damages.
Unfortunately, filing an insurance claim and having a DUI on your driving record will significantly raise your insurance rates. How long a DUI affects your auto insurance rates depends on your existing record and where you live.
Read more:
- Does auto insurance cover a DUI accident?
- Does my auto insurance cover damage caused by my own negligence?
What You Should Know If Someone Else Was Driving Under the Influence or Engaged in Criminal Activity
Usually, the other driver’s insurance company should pay for damage to your vehicle, although this may depend on whether you live in a no-fault or at-fault state and if fault can’t be determined after a car accident.
If the other party did not have any coverage of their own, you would need uninsured motorist insurance on your policy to pay for the damages to your vehicle. Alternatively, you can pursue the other driver in a civil case.
Read more:
- Does my auto insurance cover damage to my own car if I am at fault in an accident?
- Does my auto insurance cover damage caused by an uninsured driver if I have collision coverage?
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Establishing Negligence Despite the Other Driver’s Criminal Activity
In a vehicle accident, you must prove that the other party was negligent if you want to claim against their insurance. This is also the case whether they were driving under the influence or engaged in criminal activity.
If the police charge them, then this fact alone will typically be sufficient to prove negligence. However, if you were clearly responsible for the accident, you may still be liable even if the other driver was impaired.
Your Car Insurance Should Cover Damage Caused by a DUI or Crime
Most insurance companies will pay for damage even if you were driving under the influence or taking part in some criminal activity. However, you should show that the incident was accidental.
Your liability coverage should pay for damage to other property, while you will need comprehensive or collision coverage (depending on the circumstances) for damage to your vehicle. Compare auto insurance quotes online to find affordable comprehensive auto insurance coverage.
Frequently Asked Questions
What type of insurance protects you from damage that does not result from a collision?
You need comprehensive insurance that will typically cover you for damage from fire, vandalism, and impacts with an animal or a falling object.
What are some of the factors that influence your insurance costs?
Factors influencing your auto insurance rates include car type, age, location, coverage limits, and previous driving record.
What is liability versus collision coverage?
Your home state may typically require you to have liability insurance to cover damage to third parties. However, collision coverage is optional and will cover damage to your vehicle if you are at fault.
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