Can my insurance company deny my claim with full coverage???

I was driving under the influence of alcohol and
lost control of my vehicle going off the road and
recking my car no one else was involved…

Asked on October 23, 2017 under Criminal Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Ask them to tell you where in the policy your DUI invalidates your coverage. If the policy states that they do not have to cover in the event of DUI, then they have an absolute right to not cover this claim.
Even if the policy doesn't state this specifically, a person cannot generally recover on a claim if he/she acted criminally in causing it. (That's why, for example, you can't light your car on fire and then submit an insurance claim for it.) DUI is a crime in most jurisdications; therefore, commiting this crime may let them avoid paying.
If you believe you should be paid, you can sue them for "breach of contract" (for violating their contractual obligations, since an insurance policy is a contract) and try to prove in court they have to pay: but be aware that it is very common for auto insurance to not cover damage caused while DUI.

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