Can My Insurance Be Cancelled If I Was Over the Limit at the Roadside?

Question from j, Can My Insurance Be Cancelled If I Was Over the Limit at the Roadside?

Answer from AI:

When dealing with insurance policies and incidents involving alcohol, the terms outlined in your insurance policy are crucial. In the UK, insurance companies often include specific clauses related to alcohol and drug use. Understanding these clauses can help clarify why an insurance policy might be cancelled even if a conviction has not occurred.

Understanding Insurance Exclusions for Alcohol

Insurance policies typically have exclusions that specify circumstances under which coverage will not be provided. In your case, the policy includes a drink and drugs clause which clearly states that no cover will be provided if an accident occurs while the driver is over the legal limit for alcohol or drugs. Here are the key points from such clauses:

• The policy will exclude coverage if you are found driving over the legal alcohol limit.
• Being taken to the station for an evidentiary breath test usually indicates a positive roadside test.
• Insurance coverage can be denied based on these initial test results, regardless of subsequent tests or lack of conviction.

Legal Implications and Your Rights

Even though you were not convicted, the insurance company can use the evidence of the roadside breath test to argue that you were in breach of the policy terms at the time of the incident. Here are some steps you might consider:

1. Review your policy: Ensure that the terms mentioned by the insurer are indeed in your policy document.
2. Collect evidence: Gather any evidence that might support your case, such as the final breath test results from the station.
3. Legal advice: Consult with a legal professional who specializes in insurance law. They can provide guidance based on the specifics of your case.

Consulting a Legal Professional

Given the complexities involved in insurance law and the serious implications of a policy cancellation, consulting with a legal professional is advisable. They can help you understand your rights and possibly contest the insurer’s decision if there are grounds to do so. You can find a solicitor through resources like the Law Society’s directory.

Conclusion

While the insurance company’s decision might seem final, understanding your policy’s terms, the legal standards applied, and seeking professional advice are crucial steps. Remember, each case is unique, and the interpretation of policy terms can vary based on the specifics of the incident and the evidence available.