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DUI auto insurance claim

by Ryan

I am a 22 year old male from WI.i moved to CA and bought a car new in Feb. My car is titled in CA but is insured in WI.

I was involved in an auto wreck and was arrest for DUI .08% or more.The police say its my fault on the report.My car was totaled along with the other car. I feel it wasn't only my fault but the fault of both of parties involved. is this police report final and it's my fault now? i have full coverage insurance ,collision and more then enough insurance to cover both cars. No one was hurt in this Wreck(thank god!).Will my insurance company deny my claim?

I am very worried that i am going to have to pay $300.00
a month for the next 4 years with no car to show for it.An answer from you would be much appreciated.

Thank you for your time.


Hello Ryan

Well, you are in a difficult situation. Usually, alcohol puts a lot of fault on your shoulders. However, California is a Pure Comparative Negligence State. This means that both parties can be at fault and they would owe each other their percentage of negligence.

In your case, the police report is important, but it is not the final decision. Insurance companies must do an investigation. To learn about fault, visit:

You have to also be very aware of the total loss situation. Your insurance company will have to pay for your car, but they can give you a bad shake on that. Make sure you invest some in learning about this process. You can really get burned here. For more information on how to deal with your total loss, visit:

Also, you need to dispute your ticket. You need to try to get it dismiss. There are ways to do this. Talk to an attorney or buy a book before your court case.

Can they deny your claim? Well, it depends on your auto policy. You must read it and see if coverage is excluded due to non payment.

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