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Copperlaw
Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 2012
Experience:  Lawyer and Retired cop. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and others.
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My daughter was driving my car and got into a car accident

Customer Question

hello my daughter was driving my car and got into a car accident under DUI, when she went for the report to the police, they did not charge her but couple days latter the officer came to her house and gave her a ticket of $100-novice driver bac above 0. My insurance company has already paid my car off yesterday, but today they called me from a special investigation unit of my insurance and said they have received a phone call about DUI involved in my insurance claimed and they will contact the police officer who was in a charge of the car accident investigation. Can I be charged with a fraud or get a penalty from my car insurance? Should I call to my insurance and tell them the true?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Copperlaw replied 1 year ago.

Good evening. If she was not charged with impaired driving, then it's not an accident involving a criminal offence of impaired driving. If she was simply issued a Provincial Offence ticket for being a novice driver with alcohol in her system, this again is not an impaired charge. This charge would be laid regardless of how much she had to drink or if she was impaired or sober. If she had any alcohol in her system at the time, she'd be in violation of the traffic law but not criminal law if she wasn't impaired or over the legal limit of .08.

Insurers typically try to deny claims involving drinking and driving. They may try to claim that they don't have to cover it in this case, but again, if there's no criminal charges, it's not an impaired case and they have no grounds to argue it. Even still, as the insured, you were not driving. They would have to pay out the claim, but if there was drinking and driving by a third party driver, (such as your daughter) then they could try to subrogate the claim by suing your daughter. But again, without an impaired or over .08 conviction against her, they'd have no luck.

You've not committed a fraud by filing the claim. The report was made to the authorities properly and as required by law.

Please let me know if you require anything further.

Jim

Expert:  Copperlaw replied 1 year ago.

Also, please take a moment to leave me a positive rating if you would be so kind.

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