I totaled my car in a single-car accident. I was charged w/a DUI; can the auto insurer refuse to pay off my lienholder due to the DUI?

Free Insurance Quote Comparison

secured lock Secured with SHA-256 Encryption

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

UPDATED: Oct 15, 2015

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Insurance Question from Santa Rosa, CA

Asked on 10/15/2015

I totaled my car in a single-car accident. I was charged w/a DUI; can the auto insurer refuse to pay off my lienholder due to the DUI? NULL

Answer given on October 19, 2015

If you have an auto accident and are charged with a DUI, the accident is still covered presuming you have physical damage coverage, or collision coverage on the car that was involved.The policy covers your car for the actual cash value of the car at the time of the loss. This may not be enough to pay off your car loan. However, if the insurance company is refusing to pay anything to the lienholder, that does not seem right. If you have an agent, speak with them to see if there is an exclusion in the policy for refusal to pay if there is a DUI involved in an accident. If there is no such exclusion ask the agent to assist. If you don’t have an agent, ask for a supervisor in the claims department to see if they will explain the refusal to pay anything on the car. If nothing is resolved, you should contact the Dept of Insurance to have them investigate this claim.

IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.

Free Insurance Quote Comparison

Enter your ZIP code below to compare cheap insurance rates.

secured lock Secured with SHA-256 Encryption