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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.


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