Auto Insurance Claims: Insurance claim, blood alcohol test, blood test results

Question
If someone were to total a vehicle resulting in injuries to the operator in the state of Rhode Island, can that persons insurance company use blood test results taken at the hospital that were not ordered by the police, as part of the claim investigation? If so can they deny the claims based on the test results?  

Answer
Hi Roger,

You are actually asking a legal question not an insurance question. But I will do my best.

In many states it is standard procedure to do a blood alcohol test when someone is brought into a hospital after an auto accident. The police do not necessarily need to order the test. If the alcohol level is above the legal limit then it could be grounds to deny coverage if the policy contains an exclusion for damage caused while under the influence.

You should contact an attorney, review your policy and explain your rights.

I hope this helps
Richard Hixenbaugh