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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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Hello, I was arrested on Monday for suspicion of drink driving. The

Customer Question

Hello, I was arrested on Monday for suspicion of drink driving.
The police officer parked my car illegally on double yellow lines close to a corner.
Upon my return in the morning I discovered my car had been badly damaged by a lorry.
The lorry driver left his details and I informed my insurance company of the incident.
I didn't mention the car had been parked by the police as I felt I would incriminate myself without the charge being proven.
Is my insurance void the moment i am arrested on suspicion or when the result comes back?
Am I duty bound to inform my insurance company that I was under arrest?
Even thought the results of my blood alcohol levels have yet to be established?
The car is insured in my wife's names too.
I am worried that if my insurance is void upon accusation rather than established guilt, I will lose my vehicle cover.
What are my options?
kindest regards,
Robert
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

You have absolutely nothing to worry about here. Your insurance is not void.

It is fair to say that insurance companies will sometimes dishonour a claim if you act unlawfully - eg. drink driving - but that doesn't lead to an invalidation of the policy entirely.

In any event, if the lorry driver struck your stationary vehicle then the fault lies with him. There is an offence of dangerous parking but you are not describing anything here that would amount to it and anyway you didn't park it.

Unfortunately though, if you do claim on your insurance you will lose your no claims bonus whether it was your fault or not.

You need to check the terms of your policy but almost certainly you do have a duty to disclose the fact of your prosecution for drink driving I'm afraid.

Hope this helps. Please let me know if you need more information.
Customer: replied 3 years ago.

For Jo C.


Thank you Jo.


I havent been charged with drink drive, just suspicion of, they took a blood sample and I am awaiting the results.


Am I innocent until proved guilty or does the charge have enough substance to be reported to my insurance company?


 

Expert:  Jo C. replied 3 years ago.
Thanks.

Yes, I understand. You blew under 50 so they have bailed you for blood results.

In relation to whether or not to report, you need to check your policy. Usually they say 'pending' matters and a matter is not pending until you are charged.
Customer: replied 3 years ago.

For Jo C.


Thank you Jo,


If my result comes back positive is my insurance void from the charge date or the date of accusation?


 

Expert:  Jo C. replied 3 years ago.
No, not for these purposes.

Essentially, if you do something unlawful, like drink driving, your insurance company will not cover you during the course of that activity - like an accident while drunk.

Thats not what happened here.

The fact that you committed an offence on one occasion will not void your policy in the long run.