California DUI Question

forwhatITSworth

New Member
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Hey guys!

A friend of mine was driving my car while I was in the passenger seat. Got into an accident and got a DUI. I need to get the car fixed through my insurance(a lot of damage). If I make a claim will my premium go up? Even though I wasn't driving?

Thanks in advanced!
 
Probably not. Although the policy insures the car is primary, the DUI and chargeable accident follows the driver. However, be prepared the answer a lot of questions from the adjuster and maybe underwriter as who the driver is, how often he drives your car etc.
 
Hey guys!

A friend of mine was driving my car while I was in the passenger seat. Got into an accident and got a DUI. I need to get the car fixed through my insurance(a lot of damage). If I make a claim will my premium go up? Even though I wasn't driving?

Thanks in advanced!

Don't listen to these other guys... Yes, your premium will go up if you file a comprehensive claim.
 
Don't listen to these other guys... Yes, your premium will go up if you file a comprehensive claim.

California law prohibits insurance companies from increasing premiums when filing a comprehensive claim.

The OP's situation would require a collision claim, not comprehensive. He may or not have a surcharge in premiums depending on how his carrier want to play. In this situation, my carrier wouldn't charge him since he wasn't the driver of the vehicle.
 
Lets break it down a bit.... but first, the disclaimer. Different states have different rules. Outside of the rules, different carriers will operate slightly differently. I can tell you how I have seen this handled many times, but it does not mean it will 100% apply to you.

DUI: This will have no impact on you or your policy, outside as someone else mentioned, you'll have to answer a few questions about why you weren't driving the car and someone else was. No problem with that, they are looking for frequent and regular use or someone who lives in your household not listed on the policy. Normally, someone driving your car falls under permissive use and is covered (details I won't get into). The additional rating for having a DUI and the SR-22 requirement will go to your friends insurance, not yours.

Accident: From what you said, this is an accident, so it is collision coverage, not comprehensive. This part can be a bit confusing, but the 'incident' is rated to the driver, but the claim is handled by the car's insurance. What this means is, to settle who pays what, there is a standard way to handle claims. Your insurance will pay as the primary coverage, the drivers insurance is the backup for additional coverage if needed to the other party. This won't impact your rates (not much anyway), but will impact your friends rates on his coverage. Not much is simply because in some areas, you can have a claims free discount that you can lose for having a claim. This is not usually a significant discount and I've only heard of some states / carriers allowing for this to happen.

You shouldn't have a problem.

Dan
 
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