Drink driving and insurance

GothicStirling

Having read the post again, what I think you are asking is "can my friend get in trouble with his insurer for not notifying them that he was under the influence at the time of the accident." Sure they can, the could take him to court (even report to the police) that he committed fraud in not telling them something that would have invalidated the policy, therefore making financial gains.

neilmcl

Car_54 wrote: »

Are you sure your friend is telling you the whole story? I can't imagine how it can take 8 weeks to do a blood test for alcohol. 8 hours maybe.

It's fairly long but not unheard of.

AndyMc.....

neilmcl wrote: »

It's fairly long but not unheard of.

Is it bail or RUI fo4 blood results these days?

AndyMc.....

Bigjim1785 wrote: »

Just curious to how his insurance will find out, whether the court will contact them. Seems like a loophole to me for drink drivers to get paid out on their own vehicles.

They won’t find out and are unlikely to find out until a new insurance policy is obtained. Even then the chances are slim.

Nasqueron

glentoran99 wrote: »

His insurance has already paid out on a write off so is no longer in effect to be cancelled

Talking about a new policy here, the insurers have paid out on the basis of an accident, not one caused by breaking the law. If / when he takes out a new policy he would risk having it cancelled by not telling them the history (plus he'll have to declare the offence on any future policy or again will find it cancelled)

wgl2014

AndyMc..... wrote: »

Is it bail or RUI fo4 blood results these days?

UI generally, otherwise need to be justifying why conditions are needed and an inspectors authority.

prowla

Does the insurance policy say what should be done?

Car_54

Any time I've made a claim, I've been asked whether the police were involved, and if so I've been asked for the officers' numbers or names.


Was the OP's friend asked this? If so, what information did he provide?

George_Michael

AndyMc..... wrote: »

They won’t find out and are unlikely to find out until a new insurance policy is obtained. Even then the chances are slim.

The chance of the insurer finding out will only be slim if the OP's friend lies when taking out the new policy and thus commits fraud.

onomatopoeia99

Nasqueron wrote: »

Talking about a new policy here, the insurers have paid out on the basis of an accident, not one caused by breaking the law. If / when he takes out a new policy he would risk having it cancelled by not telling them the history (plus he'll have to declare the offence on any future policy or again will find it cancelled)

The business about breaking the law affecting the already paid out claim is a contractual matter and will depend on the terms of the insurance, which we have not had sight of and cannot comment on.


He would only have to tell a new insurer about the conviction if (a) they ask and (b) the conviction is not spent. He would have to tell them about the accident + claim if (a) they ask and (b) it happened within the timeframe they ask about. Since the consumer contracts of insurance regulations a few years ago, uberrimae fidei and the legal precedent in Carter v Boehm no longer applies in consumer insurance contracts like private individuals taking out car insurance.