What to do if I got into a single car accident which totaled my vehicle but I received a misdemeanor DUI conviction so my insurer won’t cover the claim?

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What to do if I got into a single car accident which totaled my vehicle but I received a misdemeanor DUI conviction so my insurer won’t cover the claim?

My insurance company is denying the claim based upon a physical damage exclusion which states, “to loss occurring while an owned automobile or non-owned automobile is being used in any illegal trade or transportation, or to commit a felony, or for any other purpose which is legally recognized to be criminal”. In my opinion I was not using my vehicle to commit a crime. It was an accident.

Asked on December 15, 2012 under Accident Law, California

Answers:

Leigh Anne Timiney / Timiney Law Firm

Answered 9 years ago | Contributor

Unfortunately, your insurance policy carries this exclusion that they will not cover any damage to the vehicle under any of the circumstances you listed.  A misdeameanor DUI conviction would full under the "any other purpose which is legally recognized to be criminal" category.  A DUI conviction is considered a crime. This provision is part of a contract you agreed to.  You don't have much argument here with your insurance company.  You can always file a complaint with your state department of insurance and see if they can help you get your claim paid or you can consult with a contract attorney in your area.  


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