If someone else was driving my vehicle and got in to a wreck while DUI, will my insurance cover the damages?

UPDATED: Jun 16, 2011

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If someone else was driving my vehicle and got in to a wreck while DUI, will my insurance cover the damages?

Will it pay for the losses?

Asked on June 16, 2011 under Accident Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

For a definitive answer, you need to review your policies coverage and exceptions, or better yet, have an attorney review them for you.

As a general matter, however, there is reason to think your insurance would not cover in this case. When you lend a car to another person, they are typically covered under the same conditions and to the same extent as you are. Most (possibly all) auto insurance policies do not cover or apply when the driver is DUI or DWI. Therefore, if you would not be covered had you been DUI, then most likely, there will be no coverage when the person you loaned the car to was DUI. You should have the option of suing this person, however.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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