DRIVING UNDER THE INFLUENCE OF ALCOHOL
It is a common and extremely wrong practice for a driver or vehicle owner to consume alcohol for entertainment and leisure before driving. While it is recommended that individuals consuming alcohol in moderation should do so, any amount can endanger traffic, other drivers, and pedestrians. Therefore, even if an accident doesn't occur, individuals found to have a blood alcohol level above a certain limit are subject to administrative penalties. This limit is 50 per mille for drivers of private vehicles. Drivers found to have a blood alcohol level of 50 per mille or higher will be fined and their driver's license confiscated. Due to both administrative fines and license confiscation penalties, it is much safer for drivers to avoid driving after consuming alcohol, even if they don't cause an accident. But what happens if an intoxicated driver causes an accident? We have outlined the administrative penalties that will be applied to an intoxicated driver even if they don't cause an accident. Since it's expected that drivers will cause accidents while driving under the influence of alcohol, certain penalties and procedures have been established in advance. Now, let's examine the implications of an accident caused by an intoxicated driver, both in terms of alcohol consumption and insurance.
TRAFFIC INSURANCE PAYMENTS IN ACCIDENTS CAUSED BY DRUNK DRIVERS
Drivers with traffic insurance who have had an accident after consuming a certain amount of alcohol wonder whether their insurance company will cover the costs, or a percentage of the costs. Normally, drivers know that the insurance company will cover the costs, but they wonder what the procedure is in cases of driving under the influence of alcohol, i.e., violating traffic rules. In this case, it's necessary to determine whether the traffic accident was directly caused by the intoxicated driver, because the accident may not have been directly caused by the intoxicated driver. A detailed investigation of the traffic accident is necessary to determine the extent to which the insurance company of the vehicle involved should be involved.
When examining the general terms and conditions of traffic and comprehensive car insurance, it becomes clear that insurance companies generally do not consider it appropriate to pay or be held liable for traffic accidents involving drivers under the influence of alcohol. However, an insurance company cannot arbitrarily refuse to pay; therefore, it will file a subrogation lawsuit regarding the traffic accident and request an investigation of the accident and the circumstances by expert authorities. A detailed examination of vehicle insurance reveals a difference between traffic and comprehensive insurance terms. While comprehensive insurance directly excludes alcohol use in accidents involving drunk driving, traffic insurance terms change depending on the extent to which alcohol played a role in the accident. Therefore, an investigation and assessment of the accident is necessary.
Many factors besides the driver's alcohol consumption can cause a traffic accident; therefore, factors such as "the other party's improper use of their vehicle, various malfunctions in your own vehicle, road problems, etc." should also be investigated to determine whether the insurance company will pay. If the accident is found to have occurred under the influence of the factors mentioned above, the insurance company is obligated to pay. Another point to consider regarding traffic insurance in cases of accidents involving drunk drivers is that even if alcohol had some influence on the accident, insurance will still pay if other contributing factors were also present.
If you were driving under the influence of alcohol and were involved in a traffic accident, you can contact us 24/7 via our contact number and get information about the accident and possible actions from our senior lawyer, Attorney Ferhat Küle, who specializes in insurance cases. You can also contact your insurance company through our lawyer to submit your claims and questions.
HÜSEYİN DOĞAN
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