I was injured in a car accident. It looked like the other driver was drunk or impaired in some way. Will my case be affected by the other driver’s condition?
There are two ways the other driver’s condition may affect your case. Impaired drivers have the same standard of care as sober drivers. Furthermore, if the driver took a breathalyzer test, the results of that test would be admissible at trial. Vehicle and Traffic Law § 1192 lists categories of impairment based on the amount of alcohol in a person’s body and the jury would be aware of the test results and the categories of impairment. If a driver refuses to take a breathalyzer test at the scene, the refusal to take a breathalyzer test at the scene would also be admissible at trial. Vehicle and Traffic Law § 1194. So the judge instructs the jury that the standard of care of the impaired driver is the same as if the driver were sober.
Impaired Driver Disclaimer
The second effect on your case may be less helpful. Most auto insurance policies have a clause which gives insurance companies the right to disclaim coverage for an impaired driver. If you lose that fight with the impaired driver’s insurance company, you would have the right to bring a claim against your own insurance policy for an uninsured motorist claim. Every auto insurance policy must provide benefits for a driver involved in an uninsured accident. This means if the carrier successfully disclaims coverage, you could pursue an uninsured motorist claim.
By James Santner, Esq.
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