Is drunk driving and causing an accident covered by insurance?

Can a person who causes an accident by drinking alcohol be covered by insurance? - Reader Chi Tam

Uống rượu lái xe gây tai nạn có được bảo hiểm đền không?

Drunk driving accidents can still be covered by insurance

Previously, according to Decree 03/2021/ND-CP, damage to property caused by drivers driving with alcohol in their blood or breath, using drugs and stimulants prohibited by law will be excluded from insurance liability.

That means drinking and driving causing an accident will not be covered by insurance.

However, currently, Clause 2, Article 7 of Decree 67/2023/ND-CP stipulates that insurance companies are not responsible for insurance compensation in the following cases:

(1) Intentional acts causing damage by the motor vehicle owner, driver or injured person.

(2) The driver who causes an accident intentionally flees without fulfilling the civil liability of the motor vehicle owner. In case the driver who causes an accident intentionally flees but has fulfilled the civil liability of the motor vehicle owner, this is not a case of exclusion from insurance liability.

(3) The driver does not meet the age requirements as prescribed by the Law on Road Traffic; the driver does not have a driving license or uses an invalid driving license as prescribed by law on training, testing, and granting of driving licenses for road motor vehicles; the driving license is erased or uses an expired driving license at the time of the accident or uses an inappropriate driving license for a motor vehicle that requires a driving license. In case the driver has his/her driving license revoked or has his/her driving license revoked, he/she is considered to have no driving license.

(4) Damages causing indirect consequences include: reduction in commercial value, damages associated with the use and exploitation of damaged assets.

(5) Damage to property caused by driving a motor vehicle with a blood or breath alcohol concentration exceeding the normal value as guided by the Ministry of Health ; using drugs and stimulants prohibited by law.

(6) Damage to property stolen or robbed in the accident.

(7) Damage to special assets including: gold, silver, precious stones, valuable papers such as money, antiques, rare paintings, corpses, and remains.

(8) Damage caused by war, terrorism, earthquake.

Thus, Decree 67/2023/ND-CP has changed compared to before.

Specifically, damage to property caused by drivers operating motor vehicles with alcohol concentrations in their blood or breath exceeding the normal value as guided by the Ministry of Health ; using drugs and stimulants prohibited by law are excluded from insurance liability.

Currently, according to Decision 320/QD-BYT in 2014 guiding the technical process of Biochemistry, the quantification of ethanol (quantification of alcohol concentration) in blood

Thus, a person who drinks and drives and causes an accident can still be compensated by the insurance company for property damage if it falls under the case analyzed above.

It can be seen that the scope of compulsory motorbike and car insurance has expanded compared to before.

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