Does my auto insurance cover damage caused by a DUI or other criminal activity?

What You Should Know

  • 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.

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.

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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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Rachel Bodine

Insurance Feature Writer

Rachel Bodine graduated from college with a BA in English. She has since worked as a Feature Writer in the insurance industry and gained a deep knowledge of state and countrywide insurance laws and rates. Her research and writing focus on helping readers understand their insurance coverage and how to find savings. Her expert advice on insurance has been featured on sites like PhotoEnforced, All…

Leslie Kasperowicz

Farmers CSR for 4 Years

Leslie Kasperowicz holds a BA in Social Sciences from the University of Winnipeg. She spent several years as a Farmers Insurance CSR, gaining a solid understanding of insurance products including home, life, auto, and commercial and working directly with insurance customers to understand their needs. She has since used that knowledge in her more than ten years as a writer, largely in the insurance…

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