Alcohol or drug-induced accident: what are the consequences for insurance?

Verified 22 January 2021 - Directorate for Legal and Administrative Information (Prime Minister)

Driving while under the influence of an alcoholic state or after using drugs can result in criminal penalties. In case of an accident, the insurance will also apply sanctions. The company may increase the amount of contributions or terminate the contract. They may also refuse to compensate you for the damage caused by the accident. But the company cannot refuse to compensate your passengers and other victims of the accident.

If you are responsible for an accident while under the influence of an alcoholic state or after having used narcotic drugs, your insurer can increase your contribution. The increase shall apply within the following limits:

  • 50% in the event of involvement in at least 3 disasters in a year
  • 50% if you are subject to a driving license suspension of 2 to 6 months
  • 100% if you are subject to a driving license suspension of more than 6 months
  • 100% if you hit and run
  • 150% if there are no other offenses punishable in addition to alcohol or drug use
  • 400% in the case of multiple offenses (e.g. alcohol, drugs and hit-and-run)

If you are responsible for an accident while under the influence of an alcoholic state or after having used narcotics, your insurer may also terminate your contract. The insurer must give you 2 months' notice.

If you are injured in an accident while under the influence of an alcoholic state or after having used narcotics, you will not benefit from the warranty driver. You will also not benefit from other individual accident guarantees (invalidity, daily allowances,...).

Vehicle repairs will not be reimbursed.

The insurance business won't defend you in court.

Similarly, the company may refuse to apply certain guarantees, the most common of which are the following:

  • Legal protection
  • Damage all accidents
  • Collision Damage
  • Individual accident

The insurer will not be obliged to cover the damage associated with these guarantees, even if you have paid the contributions.

Reminder

driving while under the influence of alcohol or a narcotic is infringement.

The insurer will cover the compensation of the victims for civil liability, including the passengers of your vehicle.

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