Legal Question in DUI Law in Minnesota

My 21 year old son was rear ended by an 19 year old driver. He was given a DUI with a .12 and the other driver was given a minor consumption. My son has full coverage on his vehicle, and I am assuming the other driver has insurance. Are accidents usually covered if alcohol is involved? Does fault fall on my son because he was over the legal limit. Again, I'm assuming the other driver blew under the legal limit because he recieved only a minor consumption and released.


Asked on 12/04/11, 11:53 am

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Insurance coverage does not lapse simply because one or both drivers had consumed alcohol. Typically a person who is rear-ended is not found to be at fault, though there could be rare exceptions. The most important thing your son can do (other than retain a good DWI defense lawyer to challenge his drivers license revocation within 30 days and fight the criminal DWI charge) would be to notify his insurance company right away to notify them of the claim, to ensure coverage. Once the insurance company knows of a potential DWI, they may drop him from ongoing coverage, but should still cover what has already happened.

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Answered on 12/04/11, 6:52 pm


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