Reader’s Question:

I’m from Tennessee. Will auto insurance cover for medical payments following an accident where the insured had a few beers?

Katherine

Memphis, TN

Road accidents related to drunk driving in the State of Tennessee share 32% of the total traffic accidents in the year 2006. With 478 lives claimed because of driving under the influence (DUI) of alcohol and/or drugs, the state has elected to punish DUI offenders severely. A first offense may cost a driver $5,000 in fines, attorney’s fees, probation fees and increased auto insurance premiums because a DUI offender will be required to maintain high-risk insurance coverage.

“A few beers” is an ambiguous statement. To be convicted of a DUI offense, you would have to have a blood alcohol level of 0.08% or higher. If you were found to be responsible for the accident, you will most certainly be tested for alcohol. If your BAC hits the DUI limit, then you’ll be convicted, so don’t expect any coverage at all.

On the other hand, if you were the victim, there’s a possibility you won’t be suspected and tested. In this case, it would be prudent to keep quiet about the “few beers” and hope you have collision and comprehensive insurance because that’s the kind of coverage you’ll need to pay for your medical expenses and car repair. Liability coverage won’t do. That only covers the other motorist’s medical and car repair costs.

Now, another possibility is that despite being the victim, you’re still suspected and thus tested for alcohol. Even if you don’t hit the DUI limit for blood alcohol concentration, you could still be held partially responsible for the accident. Following the state of Tennessee’s modified comparative fault system, it might still be possible to claim coverage as long as it’s determined that your fault in causing the accident is only 49% or less.

Check the exclusions section of your auto insurance policy and see if there’s anything pertaining to this situation. You may also consult a personal injury lawyer and find out how these circumstances are dealt with legally. All-in-all, don’t put too much hope in getting coverage when you get into a car accident though you’ve only had “a few beers.”