Drive Drunk– Lose Your Insurance Coverage– Ouch!

Aside from the MANY bad things that can happen to you if you drive drunk (you can die, you can kill others, you can go to jail, you can lose your license, you can be heavily fined, etc.) most people don’t know that you may also forfeit your No-Fault insurance benefits for medical bills and lost wages. The general rule is that the drunk driver forfeits his no-fault coverage.

There is an exception to this general rule of “no coverage” IF the drunk driver can prove that his/her intoxication was not a contributing cause of the accident. But good luck in proving that the fact that your intoxication was not a contributing cause of the accident!

BOTTOM LINE– DON’T DRINK AND DRIVE!

The applicable law is:
11 NYCRR 65.15. Claims for personal injury protection benefits — accidents on and after December 1, 1977.
(m) Scope of coverage. (2) An Insurer shall pay benefits to an applicant for losses arising out of an accident in the following situations: (i) where coverage has been excluded for an applicant operating a vehicle while in an intoxicated condition or while the applicant’s ability is impaired by the use of a drug, if such intoxicated or drugged condition was not a contributing cause of the accident causing the injuries; (emphasis added)


This entry was posted in Keeping Your Family Safe, NY Auto Insurance by Jim Reed. Bookmark the permalink.

About Jim Reed

I am an attorney from Elmira, N.Y. representing people who have been injured by the negligence of others. For more than 20 years, I have practiced in the state and federal courts of both New York and Pennsylvania in the areas of Personal Injury, Medical Malpractice, and Legal Malpractice. I am proud to be a member of the prestigious Million Dollar Advocates Forum. Forum membership is limited to trial lawyers who have demonstrated exceptional skill, experience and excellence in advocacy by achieving a trial verdict, award or settlement of One Million Dollars or more. I have been fortunate to recover many multi-million dollar recoveries for my clients. I am also proud of the fact that WETM-TV selected me as their local legal expert. I am featured on the Noon News on Wednesdays when I respond to listeners' legal questions. If you have a legal question, feel free to E-mail it to me at jreed@zifflaw.com and I will be happy to address your question either via E-mail or on WETM. I am a lifelong resident of Elmira where I live with my wife and three children. When I am not working, I can often be found on my bicycle as I am an avid bicycle racer having competed in races all over the country including a 508 mile team race through Death Valley (The Furnace Creek 508) and a 540 mile race through the Cascade Mountains of Oregon (The Race Across Oregon). I have lectured frequently on many law-related topics and I have been published in the New York State Bar Journal, which is the largest and most prestigious legal publication in New York State. I am happy to speak to local civic groups so please feel free to E-mail me at jreed@zifflaw.com or call me at 1-800-Zifflaw (943-3529) .

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