can insurance deny dwi claim

[j2005]

What is the name of your state?NJ
accident that totalled auto and had injuries to driver and passenger - driver charged (not yet convicted) with dwi - question is can insurance company deny property damage claim(total loss of auto) and/or personal injury claim if driver is convicted of dwi???

[ENASNI]

Originally Posted by j2005

What is the name of your state?NJ
accident that totalled auto and had injuries to driver and passenger - driver charged (not yet convicted) with dwi - question is can insurance company deny property damage claim(total loss of auto) and/or personal injury claim if driver is convicted of dwi???

Yes... it depends on your insurance. but yes.

[j2005]

NJ - how does it depend on insurance? there was full coverage on auto - is it up to individual insurance company or by law? Thanks.

[Some Random Guy]

It is by insurance company. Insurance is essentially a contract to pay for damages caused under certain circumstances. Some causes are covered (hit a deer) others (nuclear war) are not. Read the policy.

[BigMistakeFl]

A good way to get the insurance moving on this issue is to talk to a personal injury lawyer. You could even advise the driver's insurance company that you are preparing to contact a PI attorney very soon, unless they give you some good news that your claim is going to be processed immediately. They should have an adjuster calling you right away. If not, make that move. You'll find out quickly if the accident / claim will be covered or not. If not, you may need to sue the driver for your damages.