If you were involved in an accident caused by drunk driving, one question likely comes to mind: Does car insurance cover drunk driving accidents? The answer depends on who was driving and what type of coverage applies.
In most cases, car insurance will pay for damages and injuries to others caused by a drunk driver, but it may not cover the intoxicated driver’s own injuries or damages. Liability insurance required in every U.S. state is designed to protect victims of accidents, even if the driver at fault was under the influence. However, insurance companies often deny claims for intentional misconduct or criminal acts, and drunk driving typically falls under that category when it causes severe damage or injury.
For victims, this means they can usually still get compensation through the drunk driver’s policy. But for the intoxicated driver, coverage may be limited, canceled, or followed by a rate increase or policy non-renewal.
In this guide, we’ll break down how car insurance works in drunk driving cases, what expenses are covered or denied, and what legal and financial consequences may follow a DUI-related accident.
Does Car Insurance Cover Drunk Driving Accidents?
Yes, car insurance generally covers drunk driving accidents but the extent of coverage depends on the driver’s role and the policy type.
| Situation | Will Insurance Cover? | Explanation |
| You cause an accident while intoxicated | Partially | Liability pays for others’ damages, but your own damage may not be covered |
| Another drunk driver hits you | Yes | Their liability or your uninsured motorist coverage applies |
| You’re injured as a passenger of a drunk driver | Yes | Covered under the driver’s liability insurance |
| You drive someone else’s car while intoxicated | Depends | Coverage may apply if you had permission |
| You commit a felony or intentionally cause harm | No | Insurance excludes criminal or deliberate acts |
Key takeaway:
Insurance typically covers innocent parties and third-party damages, but the drunk driver’s own losses often come out of pocket.
How Liability Insurance Works in Drunk Driving Accidents
Every U.S. driver must carry a minimum level of liability insurance. This coverage pays for:
- Property damage to other vehicles or property
- Medical bills for other people injured in the crash
- Legal expenses if you are sued
Even if you were driving under the influence, liability coverage generally still applies. The insurer will pay for damages to others up to your policy limits. However, they may later seek reimbursement from you (the at-fault driver) , a process known as subrogation depending on state law and the policy language.
Example:
If your policy covers $50,000 in bodily injury per person and $100,000 per accident:
- You crash into another car while intoxicated.
- The other driver’s hospital bills total $40,000.
- Your insurer pays $40,000, but you may face policy cancellation and legal penalties afterward.
Does Comprehensive or Collision Insurance Cover DUI Accidents?
Comprehensive Coverage
Comprehensive insurance covers theft, vandalism, or natural disasters not drunk driving accidents. It won’t apply in DUI-related collisions.
Collision Coverage
Collision coverage pays for repairs or replacement of your car after an accident, even if you caused it.
However, if the insurer determines that drunk driving was involved, they can deny payment for your vehicle damage based on intentional or reckless behavior exclusions.
| Coverage Type | Applies to Drunk Driving? | Who It Protects |
| Liability | Yes (to others) | Other people and property |
| Collision | Sometimes | The driver’s car (depends on insurer) |
| Comprehensive | No | Not related to crashes |
| Uninsured Motorist | Yes | Protects you from uninsured drunk drivers |
| Medical Payments (MedPay) | Sometimes | Your or passengers’ medical bills |
If a Drunk Driver Hits You
If you’re the victim of a drunk driving accident, your claim process is more straightforward.
You can file a claim against:
- The drunk driver’s liability insurance
- Your own uninsured or underinsured motorist coverage (UM/UIM) if the driver has no or insufficient insurance
- Your personal injury protection (PIP) in no-fault states
Steps to Take Immediately
- Call the police and report the accident.
- Obtain a copy of the police report showing the other driver’s intoxication.
- Take photos of the scene and damages.
- Notify your insurer within 24 hours.
Victims of DUI-related crashes are often entitled to pain and suffering compensation in addition to vehicle and medical expenses.
When the Drunk Driver Is on Your Policy
If a family member or someone covered under your policy drives under the influence and causes an accident, your insurance company may still pay third-party claims under your liability coverage. However, expect:
- Higher premiums
- Policy cancellation upon renewal
- Possible legal claims against the driver
If the driver was excluded from your policy (for example, a high-risk relative), the insurer will deny all claims.
State Laws About Insurance and DUI Accidents
Insurance rules for drunk driving vary by state. Some states require insurers to pay victims even if the driver was intoxicated, while others allow insurers to deny payment for intentional misconduct.
| State | Covers DUI Accidents? | Special Notes |
| California | Yes | Insurers must pay third-party victims |
| Florida | Yes | PIP covers victims regardless of fault |
| Texas | Yes | Liability applies but premiums increase drastically |
| New York | Yes | Insurance pays victims; DUI is criminally prosecuted |
| Illinois | Yes | Coverage applies but driver may face subrogation claims |
In all states, DUI accidents lead to severe penalties, including license suspension, fines, and possible jail time.
Average Rate Increases After a DUI
According to data from the Insurance Information Institute (III), car insurance premiums rise by an average of $1,500 to $3,000 per year after a DUI conviction.
| State | Average Annual Increase After DUI |
| California | +165% |
| Florida | +70% |
| Texas | +55% |
| New York | +80% |
| Illinois | +65% |
Why Rates Skyrocket
- You are labeled as a high-risk driver.
- You may need an SR-22 certificate proving financial responsibility.
- Many insurers refuse coverage entirely.
After a DUI, it’s essential to compare quotes from multiple insurers that specialize in high-risk car insurance, such as through Alias Insurance.
Does Health Insurance Cover Drunk Driving Injuries?
Yes, health insurance can cover medical expenses if you are injured in a drunk driving accident. However, some health insurance providers may limit benefits if alcohol was involved or may seek reimbursement from your auto insurer once liability is determined.
If you’re the at-fault drunk driver, expect to pay deductibles and face potential legal claims for damages not covered by insurance.
Can Insurance Companies Refuse to Pay for DUI Accidents?
Yes, in certain situations, insurance companies can refuse payment.
Common reasons include:
- Intentional acts: If evidence suggests you deliberately caused harm.
- Policy violations: Driving under the influence may violate your policy terms.
- Excluded driver: The person driving wasn’t listed on the policy.
- Expired policy: The insurance lapsed before the accident.
However, for most genuine DUI accidents, insurers must still pay for third-party victims to comply with state insurance regulations.
Civil and Criminal Penalties After a Drunk Driving Accident
If you cause a DUI-related crash, you may face both criminal and civil consequences.
Criminal Penalties
- Fines up to $10,000 (depending on state)
- Jail time or probation
- Driver’s license suspension (6 months to several years)
- Mandatory ignition interlock device installation
Civil Consequences
- Victims can sue for damages beyond policy limits.
- You may lose personal assets if the judgment exceeds coverage.
- Your insurance provider can drop your policy or refuse renewal.
If Your Car Is Totaled in a Drunk Driving Accident
If you’re the at-fault driver:
- Your collision coverage might pay for your car’s repairs, but many insurers deny claims involving DUI convictions.
- If denied, you must pay for repairs or replacement out of pocket.
- If you’re financing your vehicle, you’re still responsible for loan payments even if the car is destroyed.
If another driver caused the accident, their liability coverage or your uninsured motorist policy pays for your losses.
Can You Get Car Insurance After a DUI?
Yes, but it will be more expensive. After a DUI conviction, you’ll be classified as a high-risk driver and may need to file an SR-22 (or FR-44 in some states like Florida and Virginia) to prove you carry the required insurance coverage.
| Requirement | What It Means |
| SR-22 Certificate | Filed by your insurer to prove you have active coverage |
| Duration | Typically 3–5 years |
| Availability | Required in most states after serious driving offenses |
| Cost Impact | Adds $20–$50 filing fee + higher premium |
High-risk drivers can still find coverage through specialized providers or comparison sites like Alias Insurance, which partners with top insurers offering SR-22 policies.
What If You Were a Passenger of a Drunk Driver?
If you were a passenger injured in a crash caused by a drunk driver, you can:
- File a claim against the driver’s liability insurance
- Use your personal injury protection (PIP) coverage if you live in a no-fault state
- Sue the driver personally if damages exceed policy limits
Passengers are rarely denied coverage unless they encouraged or knew the driver was intoxicated and willingly got into the car, a situation that may complicate claims.
How to Protect Yourself Financially After a DUI
- Maintain SR-22 insurance compliance to keep your license valid.
- Avoid lapses in coverage, as reinstating insurance after a DUI is costlier.
- Take a defensive driving or alcohol education course to qualify for premium discounts.
- Drive safely and stay claim-free for at least three years to lower rates.
- Shop around regularly using comparison tools like Alias Insurance for competitive quotes.
Real-Life Example
Scenario:
Tom, a 29-year-old driver in Texas, crashed his car while driving under the influence. His liability insurance paid $90,000 to cover the other driver’s hospital bills and vehicle repairs. However, his own insurance refused to cover the $15,000 in damage to his car because of the DUI violation.
His insurer also canceled his policy upon renewal, and he was required to file an SR-22 to get coverage again with premiums jumping from $1,200 to $3,600 per year.
FAQs
Maybe not. Many insurers deny collision claims if you were intoxicated at the time of the crash.
Yes. Liability insurance typically pays for other drivers’ injuries and damages, even if you were intoxicated.
Yes. Insurers can cancel or refuse to renew your policy after a DUI conviction.
Your rates may increase by 50%–150% depending on your state and driving record.
Yes. The drunk driver’s liability coverage should pay for the damage, or your uninsured motorist coverage will if they’re uninsured.
Typically, 3 to 5 years, but it can last up to 10 years in some states like California.
Conclusion
Car insurance does cover drunk driving accidents, but coverage depends on who caused the accident and what types of insurance apply. Victims are generally protected under the at-fault driver’s liability insurance, while the intoxicated driver may face denied claims, higher premiums, or policy cancellation.
Driving under the influence carries not only severe legal penalties but also long-term financial consequences. Maintaining responsible driving habits, staying insured, and avoiding high-risk behavior are the best ways to protect yourself and others on the road.
If you’ve had a DUI and need affordable insurance or SR-22 coverage, you can compare trusted U.S. providers through Alias Insurance to find the best rates and get back on the road safely.
