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The Impact of a Drunk-Driving Conviction on Your Auto Insurance

An alcohol-related car accident and subsequent drunk-driving conviction can bring many negative consequences into your life, possibly including jail or prison time, a criminal record, car repair or replacement, restitution, guilt and grief over harm to others, higher insurance premiums, a civil lawsuit, fines, court and administrative fees, community service, alcohol education, substance-abuse treatment, social stigma, restrictions on or revocation of your drivers license, attorneys fees, restrictive probation and others. If you are arrested for or charged with drunk driving, a lawyer can advise you about your legal rights and help you fight the charges.

After the nightmare of a drunk-driving trial, conviction and sentence, your driving privileges may still be intact or may be restored. However, the question of automobile insurance becomes more complex and more expensive after a drunk-driving conviction appears on your record.

Your Present Insurer

Your current automobile insurer can be expected to respond to your drunk-driving mishap. Exactly what your insurance company legally can do varies from state to state and depends on the insurance law of your state, but your insurance company may cancel or decline to renew your policy, restrict coverage provisions or, at a minimum, increase your premiums. Although the amount of increase can vary greatly, your premiums could go up as much as 100 percent or more. How your insurer reacts to your drunk driving may be worse if you have other strikes against you, such as previous drunk-driving convictions, traffic tickets, at-fault accidents, late or unpaid insurance premiums or other negative history with the insurer.

Private Insurance for High-Risk Drivers

If your insurance is cancelled or raised to a prohibitively high price, you can seek coverage from an insurer that specializes in insuring high-risk drivers or from the high-risk division of a large insurance company. This type of auto policy, called a nonstandard policy, is especially geared toward the high-risk market of drivers, such as those with drunk-driving histories or other seriously negative driving records, or those living in neighborhoods with higher rates of vandalism. Unfortunately, a nonstandard policy can be expected to have relatively high premiums.

State-Created High-Risk Insurance Mechanisms

State governments have set up various systems for covering high-risk drivers uninsurable in the voluntary insurance market, passing on the costs of such systems to insurance companies. A very common state-created mechanism is the assigned-risk pool, also known as a residual-insurance pool, where auto insurers are assigned a number of otherwise uninsurable drivers in proportion to the insurance companies' presence in the state insurance market. Other publicly sustained insurance systems include joint underwriting associations and reinsurance facilities, among others. Considered the automobile insurance option of last resort, premiums for these state-created insurance programs tend to be markedly higher than for privately procured insurance.

Other Issues

Other significant issues include:

  • Your drunk-driving record can also impact your premiums for or coverage by other types of insurance policies, such as life or medical insurance.
  • After your drunk-driving conviction, you will be considered a high-risk driver. Most states require such drivers to obtain from their insurance companies for filing with the state SR-22 forms, which certify that high-risk drivers are insured.
  • These insurance issues are highly regulated by each state and can vary in how they are handled, so it is important to know the law in your state and what variations to these issues that law may bring.
  • If because of your drunk-driving conviction you are paying expensive premiums, there may be other ways to lessen the price, such as driving an older car and/or a non-sports car, moving to a safer neighborhood, maintaining a clean driving record, taking a safe-driving class, adding safety equipment to your car, paying all bills on time to boost your credit rating, staying current on your insurance premiums or moving closer to your workplace to shorten the commute.
  • Not all states require auto insurance as a condition of driving, but those that do not require insurance have financial responsibility laws that assign liability to at-fault drivers in accidents for resulting medical expenses or property damage. Auto insurance is still highly recommended to cover this legal responsibility.

Conclusion

A drunk-driving conviction can wreak havoc on your automobile insurance coverage. If you are feeling the negative effects of a drunk-driving conviction, an attorney can help you to sort out the issues and investigate solutions.

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Rob McKinney
Attorney at Law
214 2nd Ave N., Suite 103
Nashville, TN 37201

Phone: 615-259-9009
Toll-Free: 1-877-364-6072
Fax: 615-242-5967

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Thank You So Very Much - Nathan

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Thank you so very much Rob,

My regret is that we met under such a circumstance, my second regret is that we did not seek you sooner. Joshua's father did something good, he introduced us to you. You have been so important to us, some good comes from every misfortune, we were able to know you, and appreciate your talent.

Maybe Josh will further his education, if so this money will help him.

We will never forget you,
Thank you Robin,
(names omitted to protect confidentiality)

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Dear Rob,

I wanted to take this time to sincerely thank you for your success in my court case on May 6th. I know this is a little delayed as I have been busy as we all are... Anyway, I want you to know how much I appreciate your attention to detail and your professionalism. I made it through the 48 hours and have put it past me. Thanks once more for your ability to get it reduced and if I ever need legal assistance in the future, you have proven yourself to me.

Sincerely,

A.W.

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Rob,

Thank you for always taking care of Charles, Jessica and Drew for me. Without your help I would not know what to do or who to turn to. You are more to us than just a lawyer. Your are a friend someone who is always there for us.

Thank you,

JB

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Dear Rob,

I just wanted to say thank you for everything you have been doing for me. It's comforting to know I've got you on my side. You're the BEST!!

Thanks again,

R

PS I really can't thank you enough.

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Rob,

Thank you so very much for all you have done and are still doing. Thank you for being such a great attorney in our time of need. You made a difficult situation endurable.

Sincerely,

LM

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Dear Rob,

I wanted to take this time to sincerely thank you for your success in my court case on May 6th. I know this is a little delayed as I have been busy as we all are... Anyway, I want you to know how much I appreciate your attention to detail and your professionalism. I made it through the 48 hours and have put it past me. Thanks once more for your ability to get it reduced and if I ever need legal assistance in the future, you have proven yourself to me.

Sincerely,
A.W.

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Attorney Rob was the attorney I hired to defend me for a DUI arrest I experienced in 2007. It took place in a TN county that is notorious for refusing to plead down DUI's to lesser charges under any circumstances, and for insisting on nothing less than at least the minimum sentencing requirements for this offense. (Williamson) Upon the very first viewing of my "arrest tape" that we were finally allowed to see - along with the arresting officer, Rob was able to spot the officer giving me a bad command, starting me out on the wrong foot. Rob, himself, has been through field sobriety courses, has achieved certification, and knows the correct procedures the officers should follow. When he pointed this out to him, the officer was evidently rattled enough to realize that he had even more to lose than just the case if it went to trial. This one factor influenced heavily the outcome of my case. Rob was able to help me plead to a lesser charge of reckless driving, with no jail time, and 6 months of probation. I thoroughly believe that if Rob had not brought this to the attention of the officer during our viewing of the tape, we might have had to go through an even more protracted period of having to wait, and then go through a stressful trial. My case, otherwise, was one that most people, with untrained eyes, would view as "borderline." I did not deserve to be penalized to the degree that the county of Williamson was set on, and Rob McKinney made sure that it did not happen. I highly, unreservedly, recommend Rob McKinney to assist you in your DUI case. He is fierce and fearless when it comes to supporting his clients. July 23, 2008


Rob McKinney, Attorney at Law serves clients throughout Tennessee, including Nashville, Franklin, Springhill, Fairview, Brentwood, Murfreesboro, Hendersonville, Gallatin, La Vergne, Portland, Lebanon, Mount Juliet, Ashland City, Dickson, Centerville, Goodlettsville, Smyrna, Clarksville, Davidson County, Rutherford County, Williamson County, Cheatham County, Dickson County, Hickman County, and Sumner County.