Sadly, as most know all too well, there are some people out there who are willing to not only break the law but put their lives and the lives of other people in serious danger when they choose to get behind the wheel of a car after drinking over the legal limit. And the festive time of the year is generally when the volume of drink drivers increases.
So let’s look at the three main questions people have when it comes to making a claim for personal injury compensation from a drunk driver:-
Q: Can I claim?
A: If the drunk driver was at fault, yes. If they were not at fault, then you may find it hard to claim from them. Granted, they have broken the law and should be arrested and charged accordingly, but they have to still be to blame.
Q: Will their insurance still cover them?
A: Whilst they may technically be breaching the terms of their insurance, the insurers should not be able to avoid paying out just because the driver was drunk. We take on a lot of claims involving drunk drivers and it’s not a usual argument for the other side to make.
So I wouldn’t worry about this.
Q: What if I’m a passenger in a drink driver’s car?
A: As a passenger, you have an almost guaranteed claim if you are involved in a collision. However, if you had knowledge that the driver had been drinking and was over the legal limit, you can still claim, but you may face a reduction for contributory negligence. The insurers will likely argue that you shouldn’t have stepped in to a vehicle with someone knowing they were intoxicated and as such a danger to you.
It could be a reduction of say 10% or 25% depending on the case.
If you had no idea that they had been drinking though, your claim shouldn’t be affected.