Do insurance companies pay for someone's else's DUI in my car?

Posted by on . 10 comments.

Last night, my kid's dad went to buy some food and he totalled my car. They charged him with a DUI and went to jail for 4 hours. I have allstate full coverage on my vehicle and I was wondering if they would still cover my car even though i wasn't driving and he is not on the policy.


Thank you, I'm praying they do.

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  1. S17V says:
    July 6, 2010 at 12:14 pm

    There will be coverage as long as your kid’s dad is not an excluded driver on your policy. Therefore, at the time of policy inception, you would have had to sign a form stating specifically if that person was driving your vehicle, there would be no coverage. SO, if you didn’t fill out that form, and you did give your kid’s dad permission to drive the vehicle, then yes coverage will be afforded.

  2. cal_stateuniversity says:
    July 6, 2010 at 12:14 pm

    Depends on the insurance company. Some insurances may drop your coverage all together or some may pay it. Either way it will end up costing you a lot.

  3. bostonianinmo says:
    July 6, 2010 at 12:14 pm

    If you knew that he had been drinking and allowed him to drive your car anyway you may have some serious grief from your insurance company getting them to cover the damage to your car.

    Your 3rd party liability coverage will cover anyone else’s injuries and property damage as they are innocent parties to the incident. However many policies specifically exclude collision coverage if the driver is under the influence and the vehicle’s owner knew that or reasonably should have know it and permitted them to drive the vehicle anyway.

    If he took the vehicle without your permission you’ll be covered although you may have to swear out an unauthorized use or auto theft complaint against him before the insurance company will cover your car. That’s HIS problem though, not yours.

  4. egbkid says:
    July 6, 2010 at 12:14 pm

    i don;’t think so, in fact, he’ll probably get in more trouble because he wasn’t insured. You would have to check it out, though, because in some places, ayone over 25 can drive the car, as long as they have permission.

  5. wibelle37 says:
    July 6, 2010 at 12:14 pm

    If he had your permission to drive your car – then yes, under normal circumstances, they will cover your car.

    However – if they think you knew he was intoxicated when you gave him the keys, they can legally refuse to cover any claim resulting from this accident.

    Read through your policy. If you don’t understand it or you can’t find any information about this type of situation – call them. Don’t try and hide that he was intoxicated when he was driving – they’ll find out anyway when they order the accident report. They will ask you if you knew he had been drinking … answer honestly; don’t hide anything.

    Last of all – don’t let him drive your car again, even if you know he’s not been drinking. It’s not worth it.

  6. Vicki Bmore says:
    July 6, 2010 at 12:14 pm

    If you say he was not authorized to use your car (took it without your permission) then they have to pay, but they will also sue your ex and could press criminal charges. If you say that your ex drove your car with your permission then they could deny your claim if they don’t drop you completely.

  7. NY1Krr says:
    July 6, 2010 at 12:14 pm

    You’ll have to read your policy. There should be coverage but there are some companies that have exclusions in the insurance contract for drunk driving… basically, they wont pay if the driver was driving under the influence.
    Call your Allstate agent, they will know the answer.
    I’m assuming you have full coverage on the vehicle? If not, then you better sue your kids dad.

  8. Nate W says:
    July 6, 2010 at 12:14 pm

    Does he live with you? I’m assuming No, as you referred to him as "my kid’s dad". If so, you’re in the clear.

    Good news
    Your insurance follows your vehicle not the driver. If he had permission to drive the vehicle and does not regularly drive the car, than it’s covered.

    Bad news
    I hope you have their new accident forgiveness coverage, because your rate is going to go up. Depending on your previous driving record, they may even cancel you on renewal.

  9. fisherwoman says:
    July 6, 2010 at 12:14 pm

    Nope, your policy would have to show him as a part time driver.

  10. bundysmom says:
    July 6, 2010 at 12:14 pm

    Read your policy….specifically the part about permissive drivers. Allstate writes several policies, depending on the one you have….there may be coverage, there may not be coverage. I know of 1 of their policies that would not cover the accident….read yours to find out if you have it or not.

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