Driving under the influence (DUI) is a serious offense in Texas and can result in serious consequences for the convicted. The potential penalties include jail time, hefty fines, driver’s license suspension, mandatory community service, and a criminal record. In some cases, someone could get a DUI in your vehicle. This raises the question of your insurance going up if someone gets a DUI in your car. Let’s explore how such cases are handled by the legal and insurance systems in Texas.
Establishing Liability
There are a few key questions that need to be answered to establish liability. This includes if you were in the car while the driver was intoxicated. Did you provide consent to the intoxicated person to drive your vehicle? As the owner of a vehicle, you have the responsibility to choose who is allowed to drive your car. If you are aware of a prior DUI record or other risk factors of an individual, it is your responsibility to refuse consent to drive your car.
If you are found guilty of negligence, you could receive an accessory charge for enabling the DUI. Although you did not commit the DUI, you could be found guilty of sharing responsibility. For example, if you were aware of the driver’s drunk state, and still allowed them to drive your car, then you could face severe consequences for that decision.
Impact on Insurance Rates
It is likely that if someone gets a DUI in your car, your insurance premiums will go up. Insurance companies base their insurance rates on risk. They consider several factors, including the vehicle’s history and incidents associated with it. If the vehicle was involved in a DUI, then a DUI record will be linked to that vehicle. Allowing a drunk driver to operate your vehicle means you are at increased risk, so your insurance premiums could go up.
However, if you have a driver exclusion clause in your auto insurance policy, you may be able to prevent the DUI from impacting your insurance premium. Under this clause, you are allowed to exclude specific individuals from your coverage. However, if the DUI driver is not excluded and is a regular driver of the vehicle, the insurance premium will likely increase.
Even if the individual who got the DUI is not a regular driver of your vehicle, the insurance company can still view the situation as a sign that your vehicle gets used by high-risk drivers. Your insurance policy premiums will most probably be reassessed and potentially lead to higher rates. In severe cases, you could even face non-renewal, where the insurance company refuses to offer you coverage. However, it is rare for an insurance company to take such drastic action.
Those who suffered injuries or property damage in a DUI accident can work with a personal injury attorney to recover compensatory damages for their losses. The injured victims may be able to recover compensation for their medical bills, lost wages, vehicle damage, and other expenses from the DUI accident. Other factors can also contribute to changes in insurance rates. This includes changes in policy coverage, location, and age of the vehicle.
How Does an Insurance Company Know If You Have a DUI?
Insurance companies have access to driving records through the Texas Department of Public Safety. This includes all types of driving offenses, including driving under the influence of drugs or alcohol. Insurance companies perform an initial screening for new applicants and conduct periodic record checks.
When an applicant applies for insurance or renews their policy, they give the insurance company consent to check their driving records. A serious driving infraction, such as a DUI, is a sign to the insurance company that they should raise insurance premiums as that driver is at a higher risk of being involved in driving incidents in the future.
For some insurance policies, the driver must self-report any significant changes to their driving record. Failure to self-report can lead to fines, denial of claims, or policy cancellation. The insurance company can also verify the self-reporting through driving record checks.
Options To Minimize Impact on Your Insurance Rates
The first step in minimizing the impact on insurance rates due to DUI is to understand the financial impact. You can discuss this with the insurance company to determine if the DUI will have an impact, and if there is anything you can do to minimize it. In some cases, enrolling in insurance company-approved defensive driving courses can help minimize the impact on insurance premiums. Taking part in such courses shows you are taking steps to improve your defensive driving skills and are less likely to commit traffic offenses in the future. You can also negotiate with the insurance company to raise your deductible instead of raising your insurance premium.
You can also shop around for better rates by getting quotes from other insurance companies. Try to avoid having gaps in your insurance coverage, as not only is that risky in terms of your financial exposure but can signal to insurance companies that you are a high-risk driver. Check if other insurance companies are running discounts or deals on their policies. Discounts are most common for bundled services, where you get multiple types of insurance policies, such as auto and home insurance, from the same company.
Legal Implications of DUI in Texas
In Texas, the legal consequences of allowing someone else to drive your vehicle and get a DUI can extend beyond insurance implications. You could face liability issues, especially if the DUI resulted in serious injuries or property damage.
If you have been charged with such offenses, you must consult an experienced lawyer as soon as possible. Texas has strict penalties for DUI cases so having professional legal support can help you navigate the complexities of the legal system.