Auto Insurance Claims: You said Challenge me..., What should I do about my wreck?

Question
Hello,

I am asking on behalf of a co-worker whom was in an accident so I don't have any details beyond what I provide with you in this message. Just so you know who your talking to, I currently only have a learners license, don't and never have owned a vehicle, and consider myself competent but overall know that I have a below average knowledge of vehicles and everything about them.

The incident is as follows: My co-worker was driving a typical car alone with a (1st year) standard license. He rear ended somebody as a result of the driver in front of him suddenly slamming their brakes on a slippery road. Thankfully nobody was hospitalized, but the vehicle in front of his has damage to the bumper, and his vehicle is significantly damaged in multiple ways. Earlier that day he had a few drinks, but he legitimately felt sobered up so he decided it was safe to drive. Then the accident occurred and when the police arrived, he refused a breathalyzer test. I’m not sure if at the time he wasn’t aware that refusing was as bad as failing it, or if he just wasn’t thinking clearly cause of all the confusion, worry, complications, and pressure from the police, racing through his mind, but the bottom line is he refused it. He also happened to have an empty liquor bottle in his car from another time, but the police found it and obviously treated the matter as if he had just drank it because he refused the breathalyzer test.
When his insurance company asked him if he was drinking, as advised by his lawyer, he neither said yes or no, but instead said “that is to be determined by the court.” So that brings me to the question: Is there any circumstance at all in which he will be able to collect any amount of insurance for any part of this. His vehicle needs several thousands of dollars of repairs to it, and the other vehicle needs about $1000. Also his car is new and not paid off yet. Now what may or may not be the hardest part of the question, and why I chose you specifically cause you said “challenge me” is that: This occurred in/he is a resident of Alberta Canada. I think of that as a challenge for you as your expertise appears to be strictly American, but nevertheless I’m sure you can at least give me a much better answer to the question than pretty much anybody else that I could ask.

Thank you very much for your time.

Answer
I'm sorry your question slipped through the cracks somehow.  

1.  Regardless of whether one is drunk or not, the insurance should pay for damage to his vehicle if he has a policy that covers that.  

2.  On paper, it doesn't look good for him, and in order to get coverage from his carrier, he will be required to give a statement / cooperate.  

3.  Tort claims and insurance claims are much different, and without more information I can't tell which kind your friend has.

4.  Material fraud is serious, but complicated to investigate.  

5.  If he has an attorney advising him, why is he not calling the attorney with these questions?

I will answer my phone, and respond to direct emails on this matter if you wish.  Your case is one where an attorney would be very beneficial.  Information is always free at Petty Details, LLC.  Look us up if you want really fast response time.  I am not sure why I didn't get your question in my email quickly.  

I hope this helps.