Does Auto Insurance Cover DUI Accidents?

DUI Meaning

Like many states throughout the nation, the terms DUI (driving under the influence) and DWI (driving while intoxicated) are used interchangeably to identify someone who is intoxicated or under the influence of drugs and other substances while they are driving. 

DUIs are increasingly common and are one of the leading causes of vehicle accidents following speeding and aggressive driving. Unfortunately, while DUIs top the list for claiming the lives of pedestrians and others, DUI-related accidents are one of the most preventable automobile accidents.

According to the National Highway Traffic Safety Administration (NHTSA), an estimated 32 people die in the United States every day because of drunk driving crashes. In 2020, a recorded 11,654 people died because of alcohol-related deaths, a 14% jump from 2019. 

Florida’s DUI Laws

In Florida, if you are 21 or older, it is illegal to drive with a blood alcohol content (BAC) of .08%. Florida also has a zero-tolerance policy that drops the legal BAC to .02% if you are under the age of 21. 

Florida has clearly defined DUI laws under Florida Statute, section 316.193. Consequences include: 

• First conviction:
  • A fine that is no less than $500 or more than $1,000
  • If blood/breath alcohol level (BAL) was .15 or higher, or if there was a minor in the vehicle, no less than $1,000 or more than $2,000
• Second conviction:
  • No less than $1,000 or more than $2,000
  • If BAL was .15 or higher, or if there was a minor in the vehicle, no less than $2,000 or more than $4,000
• Third conviction (within 10 years from the second offense):
  • No less than $2,000 or more than $5,000
  • If BAL was .15 or higher, or if there was a minor in the vehicle, no less than $4,000
• Third conviction (more than 10 years from the second offense):
  • No less than $2,000 or more than $5,000
  • If BAL was .15 or higher, or if there was a minor in the vehicle, no less than $4,000
• Fourth or subsequent conviction: 
  • No less than $2,000
  • If BAL was .15 or higher, or if there was a minor in the vehicle, no less than $4,000

The offense determines the consequences of a DUI, but additional penalties may be brought forward depending on the circumstances of the case. Additionally, jail time can accompany an offense at the discretion of a judge. 

If someone is killed during the crash, the consequences are magnified and start at no less than $10,000 in fines and/or 15 years imprisonment.

What Happens When Someone Drives Under the Influence?

Getting behind the wheel when you are under the influence of drugs or alcohol significantly impairs your ability to concentrate, control, and stay alert when you are on the road. Under Florida law, an individual is considered to be impaired in their normal faculties when they have a blood alcohol level of .08 or more. 

If a police officer has determined that you are also under the influence of drugs, chemical substances, or controlled substances, you might also be responsible for driving while under the influence, regardless of your blood alcohol level. 

Does Insurance Cover Drunk Driving?

A question many victims will have is, does auto insurance cover DUI accidents? Insurance will cover damage done by a drunk driver and drunk drivers can still have auto insurance coverage if they have been convicted of drunk driving. However, auto insurance companies can require additional forms to be filled out. For example, individuals will often be required to file form FR-44. This requires policyholders to have higher liability insurance coverage limits as compared to standard insurance policies. 

Auto insurance coverage for individuals with a DUI also differs by state. Florida is a no-fault auto insurance state. Unlike at-fault states, all drivers must carry their own personal injury protection (PIP) insurance coverage. PIP coverage satisfies Florida’s auto insurance laws and kicks in to pay for medical bills and property loss after an accident. 

Liability vs. Full Coverage Auto Insurance

In the 38 states that are deemed “at fault” states, drivers have the option of liability or full coverage on auto insurance. 

Liability-only insurance covers any injury and damage sustained to another vehicle, driver, or passenger injured because of your actions. Liability insurance does not cover your own injuries or your own property damage.  

As the name suggests, full coverage includes liability coverage but also covers any injuries and property damage you experience as a result of the accident. Full coverage auto insurance is comprehensive and is the best thing for many drivers. However, liability-only coverage may be an option to consider depending on your unique situation and circumstances.

Florida’s No-Fault Insurance Laws and DUI Accidents

It’s important to understand how Florida’s no-fault insurance laws apply if you have been the victim of a DUI accident. As a victim, you can recover compensation for injuries and property damages sustained by another driver operating a vehicle under the influence.

Florida’s Minimum Insurance Requirements

Because Florida is a no-fault state, all drivers in the state of Florida have to adhere to the minimum car insurance limits. Under the state’s Financial Responsibility Law, drivers are required to have the following minimum car insurance requirements: 

• $10,000 personal injury protection per occurrence
• $10,000 property damage liability per occurrence

Drivers will also have the option to opt for higher coverage limits as well as additional coverage. Additionals coverage options that can further protect you in an auto accident include: 

• Property damage liability coverage: Coverage for damage caused to another person’s property if you get into an auto accident. This includes property such as another vehicle, fences, guard rails, and other property.  
• Bodily injury liability coverage: This provides added coverage for the medical expenses of another individual injured by a car accident. While Florida does not mandate bodily injury liability (BIL) coverage in the form of insurance, most insurance companies in the state will offer this. This is also a coverage requirement for individuals found guilty of a DUI.  
• Uninsured motorists coverage: If you purchase bodily injury liability coverage, you may also be required to purchase uninsured motorist coverage. This coverage helps protect you if you are involved in a hit-and-run or with a driver who does not have adequate insurance coverage.

What if the Drunk Driver Is Uninsured?

If you are hit and injured by a drunk driver, and that driver is uninsured, you will still need to turn to your PIP insurance for coverage of your medical expenses and the cost of any property damage. If your insurance policy includes uninsured motorist coverage, this policy can help pay for losses sustained by an uninsured motorist or a drunk driver who flees the scene after hitting your vehicle.  

Does the Drunk Driver’s Insurance Pay for the Victim’s Injuries After an Accident?

All drivers must turn to their own insurance company first for payment coverage of medical bills and other expenses after a drunk driver has hit them. But because losses can be severe in a drunk driving accident, as a victim, you may be able to pursue a claim with the other driver’s insurance provider. 

This is where the experience of a drunk driving accident attorney can be invaluable. Attorneys know how to negotiate with insurance companies to recover compensation you may be entitled to. 

Can a Drunk Driving Accident Victim Sue the Drunk Driver Civilly?

Yes. Another avenue victims of drunk driving accidents can recover compensation is by filing a civil lawsuit against the drunk driver and any other liable parties. To file a lawsuit, however, a victim has to be able to prove that the other driver’s actions are what caused the victim’s injuries. 

How To Prove Negligence

To file a claim, you will need to prove that the other driver was negligent. Four elements go into the legal concept of negligence. All elements need to be present for a claim to have merit. These elements include: 

• Duty of care: You must show that the parties involved had a duty of care to you and other motorists
• Breach of duty: This occurs when the other party violates their duty of care
• Causation: This is the legal concept that the other party’s violation of duty caused the event that caused your injuries. In other words, the event of you getting injured was caused by the event of the other party driving drunk.
• Damages:  Finally, you must show that you suffered damages (or losses) because of the event

If You Have Been Injured in a Drunk Driving Accident, Let Bernstein & Maryanoff Injury Attorneys Fight for You

If you were the victim of an accident with a drunk driver in Miami, Florida, you have rights and options that can help you navigate the legal and financial challenges ahead. The guidance of an experienced auto accident attorney can help you better understand these options to recover the compensation you’re entitled to. 

At Bernstein & Maryanoff Injury Attorneys, we help victims of drunk driving crashes seek the compensation and legal representation they deserve. Our Miami drunk driving accident lawyers are committed to representing all individuals. Reach out today to learn more about how our team can serve you. 

Sources:

Center for Motor Vehicle Safety.

Drunk Driving.

Financial Responsibility Law.

Florida DUI and Administrative Suspension Laws.316.193.