Can insurance refuse a property claim and personal injury claim because of type of traffic ticket received?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Sep 14, 2011

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Insurance Question from Lexington, SC

Asked on 09/14/2011

Can insurance refuse a property claim and personal injury claim because of type of traffic ticket received? A friend given permission to drive vehicle and was involved in an accident. There is a property claim and medical bills. Claim adjuster asks if there was a ticket involved. The driver ticketed for DUI. Can the auto insurance refuse the property claim or any medical bills because of the ticket.

Answer given on September 18, 2011

Each state has different regulations, and many insurance companies have different exclusions in their policies. However, the standard automobile policy does not usually exclude coverage to the other party for damages or injuries caused even if the other driver was ticketed. The adjuster may have asked about a ticket to determine if there is any defense for the company. With the ticket, it can reduce the ability of the insurance company to dispute the accident.Your insurance rates will not be affected if there is a payment or settlementin this case since the driver was not a listed driver on the policy or a member of the household. I would suggest that you talk to your insurance agent to see if there is any issue that would prevent coverage under your policy. If your policy limits are used up by the accident and injuries, the other driver’s insurance would then be expected to step in to pay any excess damage or injury.

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