Car insurance refusing to pay out?

I was involved in a car accident where I wrote off my car and I was found over the limit at the roadside however way under the limit at the station. The insurance are refusing to pay because I was over the limit at the roadside however surely this is invalid as the roadside breathalyser is inaccurate and cannot be used in court.

15 Answers

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  • Anonymous
    8 months ago

    You are, at best, confused.  Roadside breathalyzer CAN be used in Court.

  • 8 months ago

    Just saw a small comment to one answer- seems you're in UK meaning United Kingdom of  britain, wales, scotland and a bit leftover Ireland. Which means most of answers from USA are meaningless-- different traffic laws, different insurance laws, different inspections laws- you even drive on wrong side of road compared to USA  and are treated as felons when trying to aquire a simple pistol. Your query-Epic Fail since you didn't specify country that would have that countries laws as required to be met. As a general answer- you failed in driving because of driving drunk and as most risk/benefit business would do they have denied you coverage because you violated terms of insurance contract. You should be happy to be alive and accept the bicycle you'll be pedaling for next couple years while you work some over time to pay damages.  Most of responders will be happy to know you're NOT in USA , less likely to meet you head on on roadway. Maybe queen will be told of your threat to public safety and set  her dogs on you to protect rest of country.'

  • 8 months ago

    Nice try, but documentation is your downfall.

    Go ahead, try to find a lawyer that is better (meaning smarter, meaner, sleazier and more ruthless) than the whole team of lawyers hired by the insurance company.  And in case you were wondering, that's not gonna happen.  Even if you hire the ghost of Johnnie Cochran, it's still not happening.  And don't call me Shirley.

    When insurance companies refuse to pay claims, they only do it after showing all the relevant details to their team of sleazy expert lawyers.  If their lawyers tell them there could be the slightest chance that a judge might possibly overturn their decision, they just pay the claim and keep quiet.  But if their lawyers tell them to refuse coverage, it's because those lawyers are 100% sure no court anywhere will disagree with their decision.  Insurance companies learned this trick by cold hard experience.

    Your PBT (preliminary breath test) results may not be admissible in criminal or traffic court, but insurance companies don't deal in statutory law.  They deal strictly in civil law, where the rules are very different.  You probably don't even know about those different rules, so how do you expect to use them in your favour?  Exactly.

  • May
    Lv 6
    8 months ago

    What country/State/Province are you in?

    Does the "fine print" on your insurance policy policy state that they will not pay if you are found under the influence?In the USA, I have never heard of an insurance company being able to deny coverage because you were under the influence.

    Get out your policy and start reading.  If you find that they do not deny coverage for being under the influence, appeal the decision and if that doesn't work, hire a lawyer.

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  • Anonymous
    8 months ago

    The Roadside analyzer is more accurate than YOU and that is all that counts.   You also can not write off your own car.

    You were drinking and if you read your insurance contract, it VOIDS the insurance.  You screwed yourself.  Way under the limit at the station and yet you do not mention how long it took you to get to the station.  Usually it is HIGHER. Not including that information is not going to get you off the hook.  Cops don't need a breathalyzer to convict you .  They could see you were fully corked just by the way you walk and talk.  Double verifying over the limit.  It did not help your case that you psssd inside the police car.  "I just assume if you ignore some facts I might as well toss in some more"

    No sympathy at this end.

  • Anonymous
    8 months ago

    Start a claim in the small claims court.

  • Ron
    Lv 7
    8 months ago

    it doesn't matter if you were over or under. Insurance companies can refuse for whatever

  • 8 months ago

    i am 110% against drink driving ..very irresponsible  .you never said if others were involved in crash ..im assuming you had  fully comp ...however i do agree with you ..the station one isthe one that counts ..how did the insurance know you failed the roadside test?..get legal advice 

  • 8 months ago

    You will have to read your contract to see how you are contracted with them to handle driving while intoxicated.

    - if it turns out that you are not charged with a crime, then insurance will likely pay.

    - being below the limit at the police station does not automatically mean that you will not be charged with a DUI.

    - additionally, insurance might not pay because of something else like a reckless driving charge.

  • Anonymous
    8 months ago

    After you go to court, you'll be sent to an AA program & find $1200. You'll have a GIANT mark on your driver's info. Depending on the company, you may be insurable, or may be not. Probably for 6 months to a year. The insurance isn't going to pay. This wasn't your first time, was it?

    Take the bus.

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