Reporting DUI to insurance

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duiqueries

Member
8 August 2020
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0
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Hello,

I was in an accident where my car was written off in a collision with another vehicle. Both the other drive and I were fine afterwards and since it was an accident scene, I was taken to hospital for a blood test to check for alcohol and drugs.

I reported the accident to my insurance company, who paid out my comprehensive car insurance policy within a week. At this point, no blood test information was available.

Two months after the accident and insurance payout, I was found to be over the limit (mid-range). I went to court, pleaded guilty and was slapped with a three-month driving suspension and community service.

I still have the money from the insurance company. I read everywhere that no one is covered by a DUI but why would the insurance company pay out the money before all information was known? I have had no follow-ups from the insurance company and have served my sentence.

Am I required to inform the insurance company of my DUI now even though I no longer have a contract with them? I have not bought a new vehicle or been insured for driving since. But I still have the money in case they come calling for the payout amount.

What should I do from here? Spend the money? Is there a time limit on how long they have to reclaim the funds?

Thank you.

J.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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820
2,894
Sydney
1. Hanging onto the money is smart.
Most people in your shoes spend it,
and then complain when the insurer
comes after them later.

2. Check the T&Cs of the policy from back at the time.
If it includes a bit where they can refuse a claim if the insured (or the driver - either way, you)
was PCA/DUI etc at the time of the accident, then you'll need to get formal legal advice about that to do.
Why this matters is that you have a duty of complete good faith with respect to an insurer.,
which may involve making the disclosure, even after the event.