QUESTION
If someone else driving my car got a DUI, how does this effect my insurance?
Asked on Jul 08th, 2012 on DUI/DWI - Massachusetts
More details to this question:
I just picked my boyfriend up at the police station. He got a DWI in my car tonight. This is his first offense and he has a clean driving record. He also hit a pedestrian, who was not seriously injured. He was given tickets for leaving the scene of an accident and failure to report an accident. He then ran a red light when being chased by police. The police told me that they did not look for the insurance, so he was given a ticket for driving without insurance. Are there any implications for me? I'm assuming the insurance issue is the only thing I need to clear up (the car is insured). Will my insurance go up? Is there any way to not give the insurance info, so this does not end up on my insurance?
20 ANSWERS
Family Law Attorney serving Alameda, CA
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The Derieg Law Firm
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If I were you I'd request his insurance pay for the damages. In the event your boyfriend is not insured, then your insurance will probably need to pay for it. Also, in the event your boyfriend does not have insurance, you may need to find a replacement boyfriend.
Answered on Aug 16th, 2012 at 10:53 AM
Michael J. Breczinski
Your insurance info has to be given and yes your rates may go up.
Answered on Aug 08th, 2012 at 11:47 AM
A very complicated question. Your insurance policy probably requires you to report the accident as the pedestrian may file a claim. The fact that you allowed an intoxicated driver to operate your vehicle may have been prohibited by your insurance policy. You can provide proof of insurance to the court which would take care of the no insurance charge. Your insurance rates may go up if the pedestrian files a claim.
Answered on Aug 07th, 2012 at 5:06 PM
Dennis P. Mikko
Your insurance should not be affected unless there is a claim made against your policy and that is likely since a pedestrian was struck.
Answered on Aug 07th, 2012 at 1:37 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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It shouldn't really affect your insurance. Your insurer will defend you as owner of the vehicle for the injuries if the pedestrian doesn't have auto insurance. In the future, don't loan your car to anyone.
Answered on Aug 07th, 2012 at 11:59 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If you live together I think your insurance could go up.
Answered on Aug 07th, 2012 at 11:52 AM
Yes, the insurance issue is the only thing you need to deal with. For example, if there was an accident, he may be covered under your policy as "permissive use." If that is the case your rate will go up.
Answered on Aug 07th, 2012 at 12:55 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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From a criminal standpoint, there is nothing for you to worry about. However, from a civil standpoint, the person who was struck by your boyfriend can file a claim against your boyfriend and you, as the owner of the vehicle. At this point you would have to refer the claim to your insurance carrier, who would then become involved in defending you and possibly him. This "could" cause your insurance rates to go up and "could" also be grounds for cancellation of your policy. Your boyfriend has additional problems, as he could possibly be facing felony hit and run and evading arrest charges, depending the facts of his arrest. I strongly suggest that he contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding his arrest. He/she would then be in a better position to analyze his case and advise him of his options.
Answered on Aug 06th, 2012 at 10:06 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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It makes it higher.
Answered on Aug 06th, 2012 at 9:41 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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How does this effect my insurance ? Unless you are able to pay and fully settle with the injured person, he will sue the driver and the registered owners [you] for damages. You will turn the claim over to the insurance company to handle under the terms of the policy. Your rates will likely go up, if you are not cancelled. For your friend: When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', you certainly face fines and potential jail, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. If you don't know how to do these things effectively, then hire an attorney that does.
Answered on Aug 06th, 2012 at 9:28 PM
3 Awards
Your insurance would not be affected at all. You didn't get a DWI.
Answered on Aug 06th, 2012 at 9:25 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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The owner of a car may be sued for accidents which occur in their car. If he had insurance his insurance will pay first, they you may be liable for the excess. Your insurance may go up if he did not have insurance. It will not be as bad as if you had the accident. The forms which must be filed ask for information about the driver and owner so the insurance company will know. Also, you must notify your insurance company so they can defend you.
Answered on Aug 06th, 2012 at 9:10 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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Since you were not the driver, this should not affect your insurance at all. However, because your boyfriend was probably driving the car with your permission and the insurance company somehow becomes aware of the incident the underwriters might penalize you by increasing the cost of your future coverage.
Answered on Aug 06th, 2012 at 11:43 AM
Leonard A. Kaanta
If he is convicted the car could be immobilized.
Answered on Aug 03rd, 2012 at 11:21 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You should call your insurance company.
Answered on Aug 03rd, 2012 at 2:38 PM
If you had valid insurance on the vehicle, then you're okay where that is concerned. Not that you would have been facing any criminal charges anyway since you were not the one driving the vehicle. However, since you say that he hit a pedestrian, I would advise you to be prepared for the pedestrian to file a claim against your insurer for personal injury, and once the insurer gets a copy of the report and find out what all went down, my gut feeling is that you should be prepared for a hike in the insurance, or just downright cancellation by the insurance company.
Answered on Aug 03rd, 2012 at 2:26 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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There can be no effect on your car insurance. Your insurance is based on your driving record, credit rating and accident history.
Answered on Aug 03rd, 2012 at 2:23 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Criminally, you may be okay unless you let your boyfriend drive, knowing he was drunk. Civilly, you may have some very serious exposure. You say your boyfriend hit someone and then fled the scene. If that person elects to sue, you will be a named defendant, as you are the owner of the vehicle.
Answered on Aug 03rd, 2012 at 1:56 PM
You should ask your insurance agent, he would likely know better than an attorney. However, my best guess is that the insurance follows the person, not the car.
Answered on Aug 03rd, 2012 at 11:29 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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You really should check with your insurance company for this answer. It is not so much a legal question as it is an insurance issue. Your agent should either know or be able to obtain the information for you.
Answered on Aug 03rd, 2012 at 11:25 AM