If my insurance finds out that I damaged someone's car while intoxicated (not while driving), does this violate DUI probation?

2 views 6 answers
I accidentally damaged someone's car while intoxicated in a parking lot, but neither of us were driving. I'm hoping to claim this through my insurance so that I will be protected from unreasonably high demands from the other party. I am definitely willing to pay for the damages. I had a 1st DUI (California) that was within 3 years from the date of the incident. If I tell my insurance company that I was drunk (not driving) when I accidentally damaged someone's car, will this somehow get me in trouble with the court or DMV? Thank you for your time!

Attorney Answers

6
Michael Cognata ·
Firstly the it is unlikely that the court would have notification of this. If it did, in order to violate probation, you woukd have had to have abstain from alcohol terms. Or the damage a result of a crime like vandalism. Also, why must you disclose to the ins. Co that you were intoxicated? All they are entitled to is the mechanics of how you damaged the property to determine liability. If the cause of accidental damage was because you had the flu and lost your balance and walked into someones car, would you have to disclose that you had the flu? No. Just hiw the accidental damage occured.
0 upvotes
Peter Marek ·
Mr. Shapiro's answer is spot on as is his custom. Insurance companies have no power to violate someones probation. It is very interesting that some damage could be done to a vehicle without driving being involved. It sounds like you dodged a bullet here. Good luck to you. I hope this helps you?
0 upvotes
Greg Hill ·
If your insurance finds out about this, it will not affect your probation. Whether the court finds out about this is unknown.
0 upvotes
Michael Jon FremontDUI / DWI AttorneySan Diego, CA ·
Most likely this will not violate your probation. It may or may not be covered by your insurance. Do not commit insurance fraud.
0 upvotes
Julia Simmons ·
Why would they find out? Are you going to tell them???..... and why .. WHY WOULD YOU TELL THEM? Maybe... just maybe.. you should cut down on the drinking...
0 upvotes