[Direct answer]It is necessary to distinguish between types of insurance and projects. According to Article 22 of the Regulations on Compulsory Insurance for Motor Vehicle Traffic Accidents Liability (amended on March 2, 2019), if a driver causes a traffic accident while intoxicated, the insurance company shall advance the rescue expenses within the limits of compulsory insurance liability and have the right to recover the compensation from the perpetrator; it shall not bear the liability for the victims' property losses. Therefore, if a drunk driver causes an accident, the victims' personal injury and death-related expenses can be handled by compulsory insurance within certain limits, and the insurance company can recover the compensation from the drunk driver after making the payment; property losses are not within the scope of compulsory insurance compensation. Commercial insurance generally lists drunk driving as an exemption situation and usually does not provide compensation, but it is necessary to check whether the obligation to provide a prompt explanation of the exemption clause has been fulfilled. The driver's own losses generally need to be borne by himself/herself. The specific provisions shall be subject to the insurance contract, the current effective laws and regulations, and judicial rulings.

I. Problem Background and Typical Scenarios

Drunk driving accidents often involve the intertwining of criminal and civil liabilities. Typical scenarios include: a drunk driving accident resulting in casualties; victims claiming compensation from compulsory motor vehicle insurance; commercial insurance refusing to pay compensation on the grounds of drunk driving; insurance companies making payments and then seeking reimbursement from the drunk driver; and the sharing of losses among passengers or the driver. In the above situations, the scope of compensation and the liable parties of various types of insurance are different, and the handling results vary greatly. For related personal injuries and insurance, please refer to the following link for more information:Personal injury and medical disputes.

II. Key points of contention

First, whether drunk driving falls under the statutory exemption circumstances of compulsory auto insurance. Second, the boundary between advance payment and compensation for personal injury and death expenses. Third, the handling of property damage in compulsory auto insurance. Fourth, the object of the insurance company's right of recourse. Fifth, the effectiveness of the exemption clause for drunk driving in commercial insurance. Sixth, the driver's own losses and the responsibility of the passengers in the car. Seventh, the connection between criminal and civil compensation. The above issues determine whether various compensations can be obtained. For disputes involving insurance contracts, please refer to the relevant provisions.Business and contract disputes in enterprises.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers advise on traffic accident and insurance practices: The key to handling insurance claims for drunk driving accidents lies in distinguishing between compulsory insurance and commercial insurance. Firstly, compulsory insurance is mandatory, with limited statutory exemptions. Drunk driving does not automatically exempt insurers from liability for victims' personal injuries or deaths. Insurers typically handle claims within the liability limits and may seek recourse afterwards. Secondly, property damage is excluded. According to the Regulations on Compulsory Insurance for Motor Vehicle Traffic Accidents, insurers are not liable for property damage caused by drunk driving. Thirdly, commercial insurance typically includes a drunk driving exemption clause. It is necessary to verify whether insurers have fulfilled their obligation to provide clear explanations and warnings. Exemption clauses that are not properly explained may be invalid. Finally, attention should be paid to liability allocation. Drunk drivers may face administrative and criminal penalties, and be liable for damages exceeding insurance coverage. Drivers' own losses are generally borne by themselves, and occupant insurance may also be subject to drunk driving exemptions. Henglue Lawyers typically first verify the accident determination, blood alcohol content, and insurance policy terms to clarify the respective coverage and recourse relationships of compulsory insurance and commercial insurance, and then claim compensation or defend against recourse claims. For personal injury and insurance claims, reference can be made to the relevant provisions.Personal injury and medical disputes.

IV. Practical Suggestions and Legal Basis

Action list: 1. Cooperate with the investigation after the accident and obtain the accident determination and inspection conclusions; 2. Verify the terms of the insurance policy and distinguish between compulsory insurance and commercial insurance; 3. Claim compensation for personal injury-related expenses from the compulsory insurance, and pursue compensation for property damage through other channels; 4. Monitor the insurance company's recovery of compensation and assess liability; 5. Understand the potential administrative and criminal liabilities for drunk driving. Legal basis: Articles 21 and 22 of the Regulations on Compulsory Insurance for Motor Vehicle Traffic Accidents (amended on March 2, 2019) regarding the scope of compulsory insurance compensation, advance payment, and recovery; Article 76 of the Road Traffic Safety Law of the People's Republic of China (amended on April 29, 2021) and provisions regarding drunk driving; Article 17 of the Insurance Law of the People's Republic of China (amended on April 24, 2015) regarding the obligation to provide explanations about exclusion clauses. For cases involving personal injury and insurance, please refer to the relevant provisions.Personal injury and medical disputesFor disputes involving insurance contracts, you can refer to the following materials for reference.Business and contract disputes in enterprisesFor cases involving criminal defense, you can refer to the following materials for reference.Criminal defense and criminal case filingThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, drunk driving does not exempt insurers from liability for personal injury and death under compulsory motor vehicle liability insurance. Secondly, property damage is not covered by compulsory motor vehicle liability insurance. Thirdly, insurers must fulfill their obligation to provide notice and explanation regarding the exemption clause for drunk driving under commercial insurance. Fourthly, insurers may recover compensation from drunk drivers after making advance payments. Fifthly, drunk drivers may also face administrative and criminal penalties, so they should not take the law into their own hands. For cases involving personal injury and insurance claims, you can seek legal assistance through appropriate channels.Personal injury and medical disputesObtain a comprehensive solution for the service.

VI. Frequently Asked Questions

Q1: Does compulsory insurance cover accidents caused by drunk driving?

Within the scope of personal injury and death-related expenses, compulsory motor vehicle liability insurance usually needs to be handled first within the liability limit, and the insurance company has the right to recover compensation from the perpetrator; but for the victim's property losses, the insurance company is not liable for compensation according to law.

Q2: Will the commercial insurance cover the costs of drunk driving?

Generally, no. Most commercial insurance policies list drunk driving as an exemption clause; however, insurers are obligated to provide clear explanations and warnings about the exemption clauses. If they fail to fulfill this obligation, policyholders can argue that the clause is not enforceable.

Q3: How will the losses of the passengers in the same car be compensated?

It is necessary to distinguish the circumstances. The car occupants' liability insurance may be exempt from liability for drunk driving; if the driver is at fault, the passengers in the car can claim compensation for infringement from the driver; the compulsory insurance for traffic accidents generally does not apply to the occupants of the car, and the specific provisions and liability determination shall prevail.

Q4: Who will the insurance company seek compensation from if it pays out a claim?

The insurance company will seek compensation from the perpetrator, that is, the drunk driver. According to the provisions of the "Regulations on Compulsory Insurance for Motor Vehicle Traffic Accidents", after the insurance company pays for the rescue expenses in the case of drunk driving, it has the right to seek compensation from the perpetrator.

Q5: Do you still have to bear criminal responsibility for drunk driving?

It's possible to bear legal responsibility. Driving a motor vehicle while intoxicated may constitute the crime of dangerous driving, and if a major accident occurs, it may also constitute the crime of traffic accident; the determination of criminal responsibility and civil compensation liability are independent of each other and need to be dealt with separately.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers for specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence materials, to avoid missing the statutory time limit.Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.