I received a DUI last night because to avoid an accident, I spun out and ran into an house. I had a very low BAC level. I have an Illinois drivers license, and I am a resident of Illinois, however the license is suspended for not showing up to court for traffic violations.

The crash happen in California, and my mother is the policy holder.

I guess my question to everyone is, Will the policy cover my car, and the house I ran into... Although I got a DUI, and was driving on a suspended license. Again the policy is under my moms name.

Thanks,

BTW, I know I'm retarded for driving after drinking.

From what I understand the insurance company can say it is fraud because you used your mother to obtain a policy.
If they do cover it
It will not cover the car if you have no fault.
The drinking and suspended license really shouldn't be a factor on if the insurance company covers it or not. That is basically a separate issue.

The major issue would be that you were driving with a suspended license. Therefore you were not allowed to drive. Assuming your mother was aware of it, the insurance claim could be refused.

It is possible that they will not pay, but it is hard to say, all you can do at this time is turn it into them and see.

Since you were not suppose to even be driving. Was this your mothers vechile, whose name is on the title to it. I will assume it is your mom since she has insurance on it, so she may have to explain why she allowed someone with no crivers license to driive.

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Originally Posted by Fr_Chuck

It is possible that they will not pay, but it is hard to say, all you can do at this time is turn it into them and see.

since you were not suppose to even be driving. Was this your mothers vechile, whose name is on the title to it. I will assume it is your mom since she has insurnace on it, so she may have to explain why she allowed someone with no crivers license to driive.

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The car belongs to my mother fully. I was just using it while she was out of town... Therefore I am sure she can tell them she expressed no consent towards letting me use the car.

Also she is a California resident, and I am not. When allstate calls me what should I say? Should I mention I got a DUI and have no license and tell them what happen? Or should I have my mom sort everything out with them?

I got a ticket for DUI and there was no mention about the suspended license. I don't think the police in California had access to that kind of information because my license is in Illinois.

That puts you between a rock and a hard place. If mom says you used the car without permission then you could be prosecuted for auto theft. Which may be the only way to get the car paid for. Even if you say she did give permission. Unless she is covered for unlisted drivers Allstate is likely to check your record.

Butr really the only thing you can do is have mom submit a claim (it is her car and policy) and see what happens. You should not lie to them, but you don't have to volunteer info either.

I think 1) your mother's policy has to pay the actual cash value of the veh to your mother, 2) and your mother's policy has to pay for the loss incurred by the homeowner whose home you ran into 3) your mother's policy will be canceled by her ins company very soon depending on when the insurance first became effective or the end of current policy term 4) her insurance company will subrogate or in other words, will seek restitution from you for monies they expended for her loss as well as the losses of the homeower plus attorney fees needed to collect those sums from you. It's very possible her insurance company will attempt to deny the claims of your mother and the homeowner, however, I doubt that denial will be successful. I am not familiar with CA insurance laws and the opinions I have provided do not represent legal advice, I am not an attorney and not qualified to render legal advice. I highly recommend that you seek the services of an attorney for all these issues as well as your DUI violation.

Quote:

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Originally Posted by N0help4u

From what I understand the insurance company can say it is fraud because you used your mother to obtain a policy.
If they do cover it
it will not cover the car if you have no fault.
The drinking and suspended license really shouldn't be a factor on if the insurance company covers it or not. That is basically a separate issue.

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I do not understand your statement that the car will not be covered if you have no fault -
No fault insurance covers personal injury only.

My states no fault covers damage and personal injury but not the insured car

Quote:

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Originally Posted by RichardBondMan

I think 1) your mother's policy has to pay the actual cash value of the veh to your mother, 2) and your mother's policy has to pay for the loss incurred by the homeowner whose home you ran into 3) your mother's policy will be canceled by her ins company very soon depending on when the insurance first became effective or the end of current policy term 4) her insurance company will subrogate or in other words, will seek restitution from you for monies they expended for her loss as well as the losses of the homeower plus attorney fees needed to collect those sums from you. It's very possible her insurance company will attempt to deny the claims of your mother and the homeowner, however, I doubt that denial will be successful. I am not familar with CA insurance laws and the opinions I have provided do not represent legal advice, I am not an attorney and not qualified to render legal advice. I highly recommend that you seek the services of an attorney for all these issues as well as your DUI violation.

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I thought that coverage for an accident which occurs during illegal activity (DUI) can be denied by the insurance company - or is this in just certain States?

I recently investigated an accident involving a car "borrowed" from the driver's sister (without express permission), driver was DWI, insurance company denied.

Question became whether this was or wasn't an Uninsured Motorist matter.

Still no answer (by the way).

Quote:

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Originally Posted by N0help4u

My states no fault covers damage and personal injury but not the insured car

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I am always learning from this Board - if you don't mind, what State are you in so I don't keep making incorrect, blanket statements -

Pennsylvania I am good at making blanket statements too!

Uninsured and underinsured covers your injuries if YOU are involved in an accident with a driver who has less insurance than you carry or no insurance at all. It has nothing to do with injuries and/or property/vehicle damage you do to another person.

Yeah I don't know exactly what the company can cover him under but I think it is up to them to if they want to or not.