Drinking and driving is illegal in Florida, and understandably, many accident victims wonder if they still have the right to file an insurance claim after a DUI-related crash.
At The Perazzo Law Firm, our Miami car accident lawyers often get asked:
“Can my insurance company deny compensation if I was under the influence of alcohol or drugs during the accident?”
The answer isn’t always straightforward — but we’ll break it down for you below.
1. Florida Is a No-Fault State — But That Has Limits
Florida drivers are required to carry Personal Injury Protection (PIP), which covers medical expenses and lost wages up to $10,000, regardless of who was at fault.
So even if you were under the influence, your own PIP insurance should still cover you.
However, this doesn’t mean the consequences end there.
2. You Can Still Be Denied Coverage — Here’s How
While PIP may apply, other types of coverage or compensation can be denied:
- If you were convicted of DUI, your insurance company may reject liability coverage (such as if someone sues you for their injuries).
- Optional coverages like collision, comprehensive, or uninsured motorist may also include exclusion clauses for driving under the influence.
- If you try to recover damages from another party’s insurer, and you were at fault due to impairment, they will likely deny your claim entirely.
In short, if you caused the crash while impaired, you’re far less likely to recover compensation beyond PIP.
3. What About Criminal Charges?
Yes — driving under the influence is a crime in Florida under Fla. Stat. § 316.193.
Being criminally charged doesn’t automatically prevent you from filing an insurance claim, but it complicates your civil case. It can:
- Hurt your chances in a personal injury lawsuit
- Reduce or eliminate your right to collect non-economic damages
- Result in your insurance policy being canceled or not renewed
4. What If Someone Else Was Driving My Car While Drunk?
If another person was operating your vehicle under the influence and caused the crash, your insurer may still deny coverage under the same policy exclusions.
Always check who is listed on your policy, and never allow someone to drive your vehicle if they’re impaired — it can cost you your coverage.
What Should You Do Next?
If you were in a crash and alcohol or drugs were involved, it’s critical to speak with a qualified lawyer right away.
Even if you made a mistake, you still have rights — and your insurance company doesn’t get the final say.
Contact The Perazzo Law Firm today at 888-PERAZZO or fill out our form online for a free case review. Our Miami car accident attorneys can guide you through your options and help minimize the legal and financial damage.
Remember: Getting behind the wheel under the influence is never worth the risk. But if it happened, don’t navigate the aftermath alone — let our team fight for you.