DUI and Insurance

Jun 28, 2008

  1. Go Green
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    Go Green Expert

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    I have a health client who owns a business(construction company)with3 employees. They use stakes trucks with chaufers license requirements. One of his star employees received a dui last year(.20), first offense in his own vehicle on own time. Completed AA and court requirements,etc. My client states that his insurance will not allow this employee to use any vehicle and can no longer be a driver. Client not happy. I woud like to know if this is accurate and if it is, are there any other options available. Employee with him over 10 yrs,bends over backwards, Crew leader , etc. Would appreciate any insight or options that may be available to client.
     
    Go Green, Jun 28, 2008
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  2. somarco
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    somarco That Medicare Expert Guy

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    I am not a P&C guy but am curious if a chauffer's liscense is in the same class as a CDL? I do know that DUI's with a CDL are serious infractions.

    Beyond that, I would have to question why the owner of the business would want the additional liability of allowing someone with a DUI driving their truck. I have trucking company clients (CDL) and know that their standing rule is "get a DUI lose your job".

    May be harsh but the liability is too great.
     
    somarco, Jun 28, 2008
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  3. Crabcake Johnny
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    Crabcake Johnny Guru

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    I second that motion.

    I know at this point at this point it's likely a friendship instead of employer/employee...but this guy need to drive a desk...not a car/truck.

    The liability for the owner is insane. First, it's not about that this guy got a DUI....it's how often he drives DUI and that he simply got caught once.

    If the owner finds a way around this - finds another carrier to pick this guy up and the worst happens - this guy causes an accident, any attorney will find out in 15 minutes that this guy has a previous DUI and he can kiss his business goodbye.
     
  4. warrenins
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    warrenins Super Genius

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    I echo the responses from Samarco and Healthagent.
    However, you have asked the question so I will give you my best response. Potentially, you could break him out and write a seperate policy with another carrier like a Progressive but he has to be assigned to that truck ONLY!! We have never done it in the case of a DUI, we've only done cases where they have a terrible driving record ie...speeding, accidents, etc... We don't advocate this as common practice and speeding and DUI are two different scenarios carrying two different sets of issues if something were to happen. As a small company I'm sure it's not easy to let a truck sit and have a valued employee not driving, but the flip side is, he could be creating a liability that his business won't be able to survive.
     
  5. insureitnow
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    insureitnow Super Genius

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    I agree, and yes, the carrier can ask for the exclusion of the employee from the vehicles. If they don't get it from the insured they can non-renew. Some companies in some states will not exclude a driver and will simply non-renew.
     
  6. Insurance Phoenix
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    Insurance Phoenix Super Genius

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    This does not help solve the problem but sometimes clients need to have a straight conversation. The guy was drinking and driving. If he kills someone how will this impact the business owner. I find it hard to believe a business owner in this day and age would not consider that scenario and want to immediately remove this driver. It's not safe for the business owner, the insurance company or the general public for this person to be driving.
     
  7. brownphillips
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    brownphillips New Member

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    No sure what state you are in, but GMAC and Progressive are about your only options. They both will write with DUI/DWI in NC.

    Companies do have the right to exclude and some will nonrenew. Depends on the company.
     
  8. djs
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    djs Super Moderator Moderator

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    Sorry, but this really isn't an issue. It's a great sales line, but not much more. Why? Well, what about the rest of the drivers? What if they drink and drive on the job?

    Having a single DUI does not indicate a drinking problem. It does indicate bad judgement, along with about a million other things.

    I've never had a DUI, but I think we tend to through people under the bus pretty quick nowadays when something like this happens. I'm okay with that, since it means they won't do it again, but it shouldn't destroy a persons career as well.

    Dan
     
    djs, Jul 5, 2008
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