In case you are found guilty of DUI, or Driving under the Influence, you will face numerous legal problems in addition to issues with your car insurance. Your problems include the cancellation of your automobile insurance, denial of coverage for personal injury, and/or property damage claims filed against you because of your DUI.
According to Gadsden, Alabama DUI lawyers, automobile insurance usually covers negligence, perhaps gross negligence, even reckless conduct, according to the terms of your insurance policy. However, no insurance policy will ever cover intentional conduct.
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There are automobile insurance companies that claim that drinking and driving signify intentional conduct. This will let the insurers deny the claims of coverage for damages stemming from a DUI. In case you are involved in a motor vehicle accident under conditions of intoxication, your insurance company is sure to investigate all the circumstances that led to the accident, prior to agreeing to accept their liability for all damages connected with your accident.
If your insurance company states that you deliberately caused the accident, it might decline to defend you and also refuse any coverage for all the damages concerning the accident and you will need legal representation in this scenario as well. This is particularly true if you are claiming coverage for the injuries of passengers and other drivers.
However, if you are only trying to get your insurance company to pay for the damage of your vehicle under collision coverage, they might not deny the claim. If the insurance company is refusing to cover for physical injuries, you require the services of a Gadsden, AL DUI attorney to sue your insurer and strive to compel them to accept coverage for your accident.
Limitation of coverage
Your insurance company might agree to defend you for any claims connected with your accident, but will refuse to defend you or pay for any damages involving a charge of intentional misconduct. You need legal help regardless if you want to see this through the right way.
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Most of the personal injury lawsuits are based on driver negligence. This is so because most companies and people do not go about intentionally injuring anyone. However, sometimes somebody can cause harm by means of an intentional act (road rage, irrational driving and thinking, and so on).
There are times when a lawyer dealing with a personal injury case concerning a DUI will make a claim for intentional misconduct on the part of the defendant. If such a case goes to court, and the jury grants the plaintiff damages for intentional misconduct on the part of the defendant, the latter’s insurer will refuse to pay for the damages. Then, the defendant will be compelled to pay for his/her intentional misconduct damages all by himself/herself.
Cancellation of your insurance policy
To any motor vehicle insurance company, a person with a DUI conviction is a bad risk. So instead of insuring a bad risk, it is far better for the insurance company to cancel your insurance coverage for good. Fortunately, in most states, automobile insurance is well regulated and will not allow any insurance company to cancel your coverage because of the DUI.
In such a scenario, some insurers might increase your insurance premium. However, this is not true of all states. So you must always assume that, in a state where an insurance company is lawfully allowed to cancel any driver’s automobile coverage due to a DUI conviction, they are sure to do so.
As you can see, with all these complexities involved, you do need the immediate services of a highly skilled and hardworking Gadsden, Alabama DUI lawyer to wage your battle against your insurer if your claims are genuine.