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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I had a accident in my car yesterday, police came and breathalyed

Customer Question

I had a accident in my car yesterday, police came and breathalyed me and i was 35mg of breath
so no further action was taken, i have contacted my insurance company the car is a write off with a pre accident value of £28000
they are reviewing the case and say i might not get payed out because i was under the influence of drink.
I was just on the legal limit and not charged !
can they do this ?
Submitted: 2 years ago.
Category: Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question. I am a qualified solicitor.
You would need to check the wording of the policy. The legal limit is is 35mg per 100ml. However, as the police did not charge you then you would have been within the legal limit.
Expert:  Jo C. replied 2 years ago.
HelloI am very sorry but the answer above is incorrect.The reason the police didn't charge is that you didn't blow over 40 which is the cut off point to allow for inaccuracies.The insurance company, however, are not bound if you are driving unlawfully as that invalidates your insurance.They may still honour the claim. They do sometimes. You cannot demand it.I'm very sorry.Can I clarify anything for you?Jo
Expert:  Harris replied 2 years ago.
Apologies for the intervention above.
The answer was not incorrect as your reading was 35mg of breath. This is the legal limit and if you were above this then you would have been driving unlawfully and therefore should rely on this when negotiating with your insurance company.