Auto Insurance Claims: No Fault Accident / Under DUI Limit, field sobriety test, fruit cocktail

Question
QUESTION: Richard: I made a right turn at a corner. As I proceeded, the other party pulled out of a Market driveway and stopped, they were across both lanes and I ran into the side of their vehicle. It looks like a right of way issue in my favor. Prior to the incident, I had 2 drinks (sml beer / fruit cocktail). No problems with officers but other party demanded that police administer a field sobriety test and breath test. I admitted to the 2 drinks and testing. I passed and officer sent me home. The other party has not admitted guilt saying I should have stopped before hitting them. After completing the right turn, I only had about 25 yards from acceleration to their vehicle. My Question: 1. The insurance company interview is in 2 days. If they ask me if I was drinking prior to the accident, must I answer? 2. Can either insurance company deny my coverage if I had drinks but was under the legal limit and passed the tests?

Thank you!

ANSWER: Hi Richard,

The fact that you had a couple of drinks is not an issue. Since you submitted to the sobriety test and were not over the limit, it is not an issue. The insurance company may try to claim that you are at least somewhat at fault and will claim that you could have avoided the accident. They may try to place a percentage of liability on you as a result. You should argue vigorously stating that were it not for the fact that the other guy was illegally blocking traffic, the accident would not have occured.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: Hi Richard:  You did not mention your advice on the interview with my insurance company. It has now taken place. They did mention before the recorded interview that I could say "prefer not to answer" to any question. When the obligatory "any drugs or alcohol" question was asked, I chose not to answer. It should all be in the police report. BUT, should I now call them and offer the 2 drink info or just let it alone for now and wait to see if they follow up ... in other words ... does not answering hurt more or less than the truth? Big Thanks!  Richard

Answer
Hi Richard,

What's done is done. The statement you gave was recorded so it will not do any good now to call and change your statement. As you said, it is in the police report. The only thing you can do now is to wait for them to respond to your claim. Then you can develope a response accordingly.

I hope this helps
Richard Hixenbaugh