DUI Fatality

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Can someone get insurance that would cover them if a spouse driving under the influence caused a traffic fatality?

Our Answer

If your spouse caused a fatality while driving under the influence, then your spouse may have trouble getting car insurance in the future. A DUI fatality can be a very costly claim. Your spouse might face significantly higher insurance premiums moving forward. Your spouse might also be required to get SR-22 insurance or similar high-risk car insurance. Your spouse might be completely un-insureable.

DUI fatalityBut what about you? Will you still be able to get car insurance after your spouse killed someone while driving under the influence?

Yes! You can certainly get your own policy in this situation. Your personal auto insurance should not be affected by your spouse.

However, we’re assuming you and your spouse live at the same address. In this case, your car insurance policy needs to list all drivers in your household – including your spouse. Your car insurance company will assess the risk of all drivers in your household when calculating insurance premiums. That means your car insurance rates will skyrocket because your spouse is considered a high-risk driver.

Being married doesn’t necessarily mean you have to share car insurance policies. However, living in the same household – whether as roommates or spouses – does mean your car insurance is connected.

Fortunately, there’s a way to avoid the high costs of your spouse: add your spouse as an excluded driver.

Adding your Spouse as an Excluded Driver

If you live in the same household as someone, then that person could cause your car insurance rates to rise dramatically.

If your roommate has a history of DUIs, for example, or if your spouse killed someone while driving under the influence, then you could pay higher car insurance premiums even though your own record is completely clean.

That’s why it’s in your best interest to add your spouse to your car insurance policy as an excluded driver. When adding your spouse as an excluded driver, it means your spouse is prohibited from driving your car. If your spouse drives your car, he or she will be uninsured. If the excluded driver causes an accident, then insurance will refuse to cover the claim, and the insured party and the excluded driver will need to pay all damages out of pocket.

By adding your spouse as an excluded driver, you are agreeing to never let your spouse drive your vehicle. In exchange, your car insurance premiums should drop down to normal levels. You’re buying a car insurance policy just for yourself – not your spouse.

Find a Car Insurance Company Willing to Exclude your Spouse

Not all car insurance companies will allow you to exclude your spouse. Some insurance companies will require you to list your spouse on your policy as a driver.

After all, you two are married and living together: even if your spouse is an excluded driver, your insurance company may assume that he or she will drive your vehicle occasionally. That’s why you might not be able to add your spouse as an excluded driver. The insurance company might require you to pay higher insurance rates for the higher risk driver.

Fortunately, you should be able to shop around and find a car insurance company willing to charge competitively-priced premiums for you while excluding your spouse as a driver. If one car insurance company prevents you from adding your spouse as an excluded driver, then keep shopping until you find one that does.

Above all, remember that you can never let your excluded spouse drive your vehicle. There’s too much financial risk involved – especially given the problematic past of your spouse. You are assuming significant financial risk when letting an excluded driver drive your vehicle.

Ultimately, a DUI/manslaughter charge is enough to make virtually anyone un-insureable. However, by adding your spouse as an excluded driver, you should be able to continue paying fair premiums for yourself.

Other Answers

Answer 1

If your spouse was the one who was driving under the influence and caused a fatality, then he/she is at fault. It should not have any effect on your insurance rates. Just because you are married does not mean that you need to have a joint policy with your spouse.

A DUI/manslaughter charge is nearly enough to make anyone “un-insurable.” Nevertheless, you can still shop around for quotes for your spouse. You might be able to find something that is affordable.

Answer 2

Does your spouse still have a legal driving license? If so, there may be a problem getting insurance for yourself without their driving history affecting the premium you’re going to pay. Many insurance companies insist on including every license driver who lives in the residence, assuming that they may be given permission to drive the insured vehicle. That can be a problem. However, you can certainly ask around and see if you can find someone who will allow you to exclude that person from driving or being included in the policy. Just be sure you don’t let them drive the vehicle because it would be the same as driving uninsured and can be devastating financially if there’s another accident.

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