two drunk drivers in accident. both cars totaled. does insurance cover drivers if they are charged with dui

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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...

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UPDATED: Dec 27, 2011

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Insurance Question from Chrisney, IN

Asked on 12/27/2011

two drunk drivers in accident. both cars totaled. does insurance cover drivers if they are charged with dui NULL

Answer given on December 29, 2011

Yes, insurance covers drivers if they are charged with DUI. Indiana is a states following a modified comparative fault – 51% rule, an injured party can only recover if it is determined that his or her fault does not reach 51%.  If the injured party was 50% or less at fault, he or she may still recover damages.  In other words, a plaintiff may have caused half of the accident and still recover damages from the court, but if it is found that the plaintiff’s fault was responsible for more than half of the accident, that plaintiff is barred from receiving any damages determined by the court. In this case, property damage acts on the 51% rule.  Therefore, if there was any injuries and both drivers were drunk, both may be barred from the other carrier from collecting but their own carrier would pay according to their coverage. Same for property damage. 


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