Drunk driving accident: Will the insurance company deny coverage? Here's how the court ruled!

Drunk driving harms both others and the driver. What if the insurance company refuses to pay after an accident? Here's what victims can do. Let's clarify this complex legal issue.

1. Compulsory Traffic Accident Liability Insurance: Pay First, Recover Later

Under the Road Traffic Safety Law and relevant judicial interpretations by the Supreme People's Court, compulsory traffic insurance (CTP) must compensate victims within its liability limits even in cases of drunk driving. However, after paying compensation, the insurer has the right to seek reimbursement from the tortfeasor (the drunk driver).

In short: victims' basic protections remain intact, but the drunk driver ultimately bears the cost.

Compulsory Traffic Accident Liability Insurance coverage limits: Death and disability 18 ten-thousand yuan, medical expenses 1.8 ten-thousand yuan, property damage 2000 yuan.

II. Commercial Insurance: Exclusion Clauses Are Valid

Unlike compulsory traffic insurance, commercial third-party liability policies typically exclude coverage for "drunk driving." Provided the insurer fulfilled its duty to notify and clearly explain this exclusion at the time of purchase, the clause is valid, and the insurer may deny the claim.

This means: any amount exceeding the Compulsory Traffic Accident Liability Insurance limit must be covered by the drunk driver personally. In cases involving serious injury or death, compensation can reach millions of yuan.

III. Remedies Available to Victims

1. First, claim compensation from the Compulsory Traffic Accident Liability Insurance insurer;

2. Claim the shortfall directly from the infringer (the drunk driver);

3. If the infringer is unable to compensate, you may apply for an advance payment from the Road Traffic Accident Social Assistance Fund;

4. If the case involves a criminal offense, a incidental civil lawsuit may be filed within the criminal proceedings.

IV. Legal Reminder

Drunk driving can lead to civil liability, as well as criminal charges such as dangerous driving or causing a traffic accident. For your safety and the safety of others, remember: do not drink and drive.

If you are a victim of a traffic accident and need professional legal assistance, contact Fujian Ciji Law Firm. We are dedicated to protecting your legal rights.