How to Report a DUI Accident to an Auto Insurance Company 

Key Points

• Drivers are not legally obligated to inform their insurer when they are convicted of DUI, and the insurance company will not be notified by the police or the Georgia Department of Motor Vehicles. 
• You should report the accident in a timely manner, or you run the risk that the at-fault driver’s insurer attempts to deny coverage for your claim on the grounds that its insured failed to give reasonable notice of the crash. 
• Hiring an attorney immediately after the accident means that your attorney can report it to the insurer and share only the information that helps your case.  
• When the victim is represented by an attorney, the insurance company is far more likely to agree to settle a DUI claim for full compensation that includes punitive damages. 

Table of Contents

If you or a loved one has been injured in a car accident, dealing with the aftermath can place a tremendous physical, emotional, and financial burden on your entire family. When the accident was caused by a drunk or impaired driver, your stress and frustration is only exacerbated by knowing that someone else’s recklessness is to blame.  

Making matters worse, drunk driving accidents often cause catastrophic or even fatal injuries, which can forever change the lives of victims and their families. Because driving under the influence (DUI) is a serious criminal offense, many people assume that drunk drivers are automatically at fault if they are involved in an accident. However, that is a misconception.  

Though intoxicated drivers are typically found liable for accidents, it is not always the case that intoxication caused the crash. Just like with any other car accident claim, the victim in a DUI crash must still show that the driver breached their duty of care and the victim suffered harm because of that breach.  

For example, if you run a red light and hit another car, you may be held liable even if the other driver was intoxicated at the time of the crash. If the situation was reversed, the intoxicated driver may be held liable for running the light and hitting you. In both situations, the other driver may face criminal penalties for DUI, but whether they are on the hook for your injuries depends on who caused the accident.  

As with any injury claim, you or your attorney will need to report the accident and gather as much evidence as you can to prove liability and damages. Even though the potential criminal case may be separate, evidence of DUI can have a significant impact on your civil claim against the at-fault driver and taking the necessary steps after the crash can help ensure that you receive maximum compensation from the insurance company.  

Should You Report the Accident to Police? 

Yes. If you were hit by a driver who may be intoxicated, you should call the police immediately to report the accident. Often, at-fault drivers will ask you not to call the police or file an insurance claim because they want to avoid the consequences. This is especially true if the driver has been drinking because they know they may face harsh criminal penalties as well as civil ones.  

However, failing to call the police puts you and your claim at risk because a police report is a crucial piece of evidence you need to prove the other driver not only caused the accident but was intoxicated. The responding officer will take statements from the parties involved, interview eyewitnesses, take photos and videos at the scene, and report facts related to the vehicles, road conditions, and more. If any laws were broken, the officer will issue citations or make arrests. 

If the police officer suspects DUI, the other driver may be given a field sobriety test, a breathalyzer, or a blood alcohol concentration (BAC) test. The responding officer’s observations at the accident scene, the at-fault driver’s BAC, and any citations issued can be used as evidence in a civil case. Because it is a comprehensive and objective account of the accident, the police report carries significant weight when proving what happened to insurance companies and juries. Without the report, there is no official record of what happened, which leaves open the possibility that the other driver denies their involvement, denies responsibility, or denies they were intoxicated.  

Establishing the other driver’s intoxication immediately after the accident can significantly bolster your legal claim for several reasons. First, it is easier to prove the other driver was at fault if there is proof they were intoxicated. Second, you may be entitled to a much larger settlement that includes punitive damages if there is proof the at-fault driver was intoxicated. Finally, the insurance company is more likely to agree to your settlement demand if there is evidence of intoxication because it wants to avoid a costly trial.  

Keep in mind that you can still win additional compensation even if the police are not called or do not respond, but it may be an uphill battle. You or your attorney will need to work harder to gather other evidence proving intoxication when there is no police report.  

You should also know that Georgia law requires you to report it to the police if you are involved in a car accident causing injury, death, or property damage exceeding $500. O.C.G.A. § 40-6-273. Given the risks involved in not reporting it and the potential benefits to your legal claim if you do, you should call the police to report any accident involving an intoxicated driver. 

Should You Report Evidence of Intoxication to the Insurance Company? 

If you have been injured by an intoxicated driver, you should not assume that they will report it to their insurer. Many people want to avoid the consequences of a DUI accident, including criminal penalties and the significant hike to their premiums if their insurance company finds out.  

You may assume the insurance company will find out automatically if the driver is charged with DUI, but that is not the case. Drivers are not legally obligated to inform their insurer when they are convicted of DUI, and the insurance company will not be notified by the police or the Georgia Department of Motor Vehicles.  

Once the insured is convicted, the DUI will appear on their driving record, but the insurance company may not check the record until it is time to sell or renew the policy. If you do not report it in a timely manner, you run the risk that the at-fault driver’s insurer attempts to deny coverage for your claim on the grounds that its insured failed to give reasonable notice of the accident. 

In addition to the at-fault driver’s insurer, you should also report the accident to your own insurance company. Some policies contain clauses that allow the insurer to disclaim or deny coverage if you fail to disclose an accident in a timely manner, which could be a major problem if the at-fault driver was uninsured or underinsured. You may also be able to get repairs and rental car expenses covered quicker by going through your own insurer and letting it seek reimbursement against the at-fault driver’s insurer. 

To protect your claim, you or your attorney should call both your insurer and the at-fault driver’s insurer within 24 hours to report a DUI accident. You or your attorney should then follow up with a certified letter informing both insurers of the accident. Keep in mind that you are not obligated to give a written or recorded statement to the at-fault driver’s insurer, and it is advisable that you do not since the statement could be used against you later. 

How Will the Insurance Company Respond When It Learns Its Driver was Intoxicated? 

Insurance companies are notorious for paying as little as possible on car accident claims and will look for any reason to deny coverage. However, the insurer is often more open to settling an injury claim involving DUI because it wants to avoid a costly trial. Judges and juries have no sympathy toward drivers who engage in reckless behavior, so the odds are stacked against insurance companies arguing that a drunk driver was not at fault. 

Financially, the insurer is typically worse off taking the case to trial because the jury is free to award any amount of punitive damages it sees fit. Depending on the injuries, that could mean paying out millions to the victim or their family. To avoid a large verdict, the insurance company is likely to exhaust the policy to reach a settlement when the victim has suffered serious injuries.  

Should I Report a DUI Accident Even if There Are No Injuries? 

Yes. Georgia law requires that you report any accident that involves injuries, fatalities, and property damage greater than $500. Most accidents meet these criteria, so it is best to report all accidents just to be on the safe side. Even if you think nobody was injured, injuries sometimes only show up later. Also, if you are mistaken in your belief that the accident does not meet the legal criteria to report, you could be held liable for felony hit and run if you leave the scene. 

Although you should report any car accident, it is especially important to report an accident if DUI is involved. Not only can reporting help bolster your claim if you later decide to file one, but you can also help prevent an intoxicated driver from hurting another person after they leave the scene. Reporting the accident to the police could save someone else’s life. 

Is There Any Difference in the Reporting Process in DUI Versus non-DUI Accidents? 

The reporting process generally follows the same basic steps for DUI and non-DUI crashes, however, there are some key differences. For example, while you need to report any car accident to both the police and relevant insurance companies, a DUI charge can impact the evidence available and the claims process.  

In terms of the evidence, the responding police officer will still collect information at the scene to include in the report, but an intoxicated driver may be subject to a field sobriety test, a breathalyzer, and a BAC test. The officer will also make an arrest if necessary. This information, along with the officer’s observations of the driver’s behavior (e.g., slurred speech, smell or presence of alcohol) at the scene, will be included in the police report. 

In both DUI and non-DUI crashes, you should report the accident to the insurance company immediately. But the insurer will not be notified about a DUI by police or the state of Georgia, and the at-fault driver may not share that they were intoxicated, which means you should report the DUI to the insurance company when you report the accident.  

The at-fault driver’s insurance company may be more likely to agree to a fair settlement for your claim if there is evidence that they were intoxicated, but that is not always the case. If your claim involves DUI, you may be entitled to significantly more compensation than you might receive in a non-DUI claim. 

If the injuries are serious and the insurer does not agree to exhaust the policy to settle the claim, you may need to file a lawsuit. If the driver was charged with DUI, it can help your civil case to wait until the criminal case is complete, so you can use evidence from the criminal case to prove liability.  

Should You Call a DUI Accident Lawyer Before Calling an Auto Insurance Company? 

Yes. If your injuries were caused by an intoxicated driver, you may be entitled to additional compensation in the form of punitive damages. Unlike compensatory damages, which cover financial losses and pain and suffering, punitive damages are designed to punish and deter the intoxicated driver. In DUI cases, there is no cap on the amount of punitive damages a jury may award, and quantifying the damages you should receive can be hard to determine. 

An experienced DUI lawyer can help calculate how much compensation you should receive in your settlement and can negotiate on your behalf with the insurance company. Once you hire an attorney, your attorney handles all communications with the insurer for you. Hiring an attorney immediately after the accident means that your attorney can report it and share only the information that helps your case. When the victim is represented by an attorney, the insurance company is far more likely to agree to settle a DUI claim for full compensation that includes punitive damages.