driving while unfit through alcohol, drugs insurance claim voided

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stefankondziu
stefankondziu Posts: 1 Newbie
in Insurance & life assurance
HI my name is Konrad , a while ago my wife had an accident on the road after the accident she failed the breath test by 0.15 after a couple of hours she had a blood test done and that one was 0.50 which is within the legal limit. Police did not take the case to court for drink driving but the investigation is in progress for careless driving. My insurance company said they will not pay me out because she had alcohol in her blood and that was the cause of the accident. In general exceptions, there is a point
.. if driving while unfit through alcohol, drugs or other substances whether prescribed or not
In my opinion, if British law states that she was not over the legal limit surely she was fit to drive the car otherwise what would be a point to have the legal limit
I have already sent the letter with complaint to the insurance company and today on the phone they said I might be even entitled to pay for the third part expenses

please help if you know a good solisitor which could help me with my case

Please help kind regards Konrad

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  • rudekid48
    rudekid48 Posts: 2,382 Forumite
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    Was she at fault and was this due to her drinking?
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  • AstroTurtle
    AstroTurtle Posts: 290 Forumite
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    Even if it's legal by British Law doesn't mean an insurer has to allow it.


    They may stipulate in their T&C that should it be a factor in any accident they can refuse the claim. If there is sufficient evidence in their claim investigation that is. If she was rear ended through no fault of her own and happened to be over the limit (At the time )


    You can legally drive a car at 18 - Some insurers wont do it unless your over 25.




    Also


    Driving or attempting to drive while above the legal limit or unfit through drink
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  • molerat
    molerat Posts: 31,974 Forumite
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    The only option is to raise a complaint and take it to the ombudsman if they do not pay. I am sure the "unfit through drink" is too vague to hold much weight without expert on the scene opinion. If they had stated "with more than x" then it could be valid.
  • dacouch
    dacouch Posts: 21,637 Forumite
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    What is the EXACT wording of the part of the Policy the Insurers are relying on?

    Many stipulate that if you are convicted of Drink Driving.

    Which Insurer are you with,

    Please also answer Rudekid's question
  • dacouch
    dacouch Posts: 21,637 Forumite
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    Also, how do your Insurers know that she was "Unfit", did the Police officer ring them?
  • Tallaght
    Tallaght Posts: 1,632 Forumite
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    There are certain long term prescription drugs that tell you not to drive and DVLA state that also with a big list.
  • Parking_Trouble
    Parking_Trouble Posts: 759 Forumite
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    dacouch wrote: »
    What is the EXACT wording of the part of the Policy the Insurers are relying on?

    Many stipulate that if you are convicted of Drink Driving.

    Which Insurer are you with,

    Please also answer Rudekid's question

    If it's Admiral, or one of their group companies :
    If an accident happens whilst you or any person entitled to drive under Section 3 of your current Certificate of Motor Insurance:
    - is found to be over the legal limit for alcohol or drugs
    - is driving whilst unfit through drink or drugs, whether prescribed or otherwise
    - fails to provide a sample of breath, blood or urine when required to do so, without lawful reason

    No cover under the policy will be provided and instead, liability will be restricted to meeting the obligations as required by Road Traffic law. In those circumstances, we will recover from you or the driver, all sums paid (including all legal costs), whether in settlement or under a Judgment, of any claim arising from the accident.

    Note it doesn't say anything about being convicted.

    So I guess if they know she failed the roadside test then the first point applies - she was found to be over the legal limit.

    I doubt they could make "Driving whilst unfit" stick unless there has been a successful conviction.

    I assume a roadside breath test is not sufficient to secure a conviction for being over the limit, hence the need for two samples at the more accurate machine at the station. She passed that test.

    I would fight it all the way.
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