[Direct answer]In the Beijing area, if a drunk driver causes an accident and the compulsory motor vehicle liability insurance still needs to compensate the victims within the liability limit, but the commercial third-party liability insurance usually refuses to pay compensation under the exemption clause. According to relevant regulations, if a driver causes a traffic accident while driving under the influence of alcohol, the insurance company will compensate for personal injury and death within the liability limit of the compulsory motor vehicle liability insurance, and after compensation, it has the right to recover the compensation from the infringer; while the commercial third-party liability insurance often explicitly lists drunk driving as an exemption situation, so it's difficult for the drunk driver to get compensation from the commercial insurance. In addition, drunk driving itself violates the Criminal Law's crime of dangerous driving. If it causes more than one serious injury and the driver is mainly responsible, it may also constitute the crime of traffic accident. It is recommended to firmly adhere to the principle of "don't drink and drive", and immediately stop driving, call the police for help, and rescue people after an accident. For more details, please refer to the following link:Personal injury and medical dispute services.

I. Problem Background and Typical Scenarios

Drunk driving and causing traffic accidents is one of the most dangerous traffic violations. Typical scenarios include: after drinking at a gathering, drivers think they're "fine" and get behind the wheel to go home, only to hit someone; accidents occurring in the morning after the alcohol hasn't fully dissipated; drivers moving their cars themselves before the end of the ride-hailing service and causing accidents; and attempting to escape the scene of the accident after drunk driving, which aggravates the consequences. Many drivers mistakenly believe that "insurance will cover it", but they don't know that commercial insurance refuses to pay, and after the compulsory insurance pays, the driver will be pursued for compensation, leaving the individual to bear the final responsibility. More seriously, drunk driving directly leads to criminal charges, leaving a criminal record. Drunk driving not only increases the risk of civil compensation, but also escalates civil disputes into criminal cases. For those involved in criminal defense, they can combine it withCriminal defense and criminal case filing servicesRespond to it.

II. Key points of contention

There are three key points of contention. Firstly, the compensation of compulsory insurance and the recovery of compensation: It is a common practice for companies to compensate victims within the limit and then recover the compensation from the drunk driving party. Secondly, the establishment of exemption clauses in commercial insurance: Whether drunk driving constitutes an exemption clause and whether the company has fulfilled its obligation to provide warnings and explanations determine whether commercial insurance will compensate. However, the exemption clause for drunk driving is usually easily supported. Thirdly, the intersection of criminal and civil cases: Drunk driving involves criminal prosecution, and civil compensation and criminal proceedings run in parallel. The determination of liability affects sentencing and compensation. For matters involving recovery and enforcement, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Henglue Lawyers

Based on practical observations in handling traffic accident and criminal cross-cases, drunk driving cases are a typical example of "civil personal compensation plus criminal accountability". Henglue Lawyers usually advise victims to first secure evidence of drunk driving and insurance, claim compensation within the limits of compulsory insurance, and then seek compensation from the drunk driver for losses beyond the limits; for drivers, they strongly warn that drunk driving commercial insurance will be denied, and after the compulsory insurance compensates, the driver will be pursued for compensation. Moreover, it directly involves criminal responsibility. The proactive way to mitigate losses is to call the police to rescue people and cooperate with the investigation. For cases involving dual criminal and civil responsibilities, follow-up measures can be taken.Criminal defense and criminal case filing servicesCollaborative processing.

IV. Practical suggestions and legal basis

The legal basis includes the "Road Traffic Safety Law of the People's Republic of China" (adopted on October 28, 2003, and amended on December 29, 2007, April 22, 2011, and April 29, 2021) regarding the responsibilities and punishments for drunk driving; the "Regulations on Compulsory Insurance for Motor Vehicle Traffic Accidents" (promulgated on March 21, 2006, and amended in 2012) regarding the provisions on compensation and recovery of compensation from compulsory insurance; and Article 133 (1) (Dangerous Driving Crime) and Article 133 (Traffic Accident Crime) of the "Criminal Law of the People's Republic of China" (amended on December 26, 2020). Practical suggestions include: not drinking alcohol when driving and not driving after drinking; stopping immediately after an accident to rescue victims and report to the police; claiming compensation within the limits of compulsory insurance before seeking recovery for losses beyond those limits; and cooperating with investigations to seek a lighter punishment for drunk drivers. For cases involving disability assessment, relevant provisions can be referred to.Personal injury and medical dispute servicesAdvance.

5. Henglue Law Firm's Reminder

Driving under the influence of alcohol and causing a collision is the situation with the most serious legal risks: commercial insurance refuses to pay compensation, the compulsory insurance pays compensation and then seeks recovery, direct criminal prosecution, and increased presumed liability. For drivers, it is essential to avoid driving after drinking, stop to rescue people after the accident, report to the police, and cooperate with the investigation; for victims, it is important to first secure evidence of drunk driving and insurance, claim compensation within the limits of compulsory insurance, and seek recovery of losses beyond the personal compensation limits. For either party, time limits and evidence are crucial. If professional support is needed, you can seek assistance from professionals.Special services and other case servicesDevelop a plan.

VI. Frequently Asked Questions

Q1: If a drunk driver causes an accident and injures someone, will the insurance company always refuse to pay compensation, leaving the injured person unable to get any money?

It's not that all claims are denied. Compulsory insurance compensates victims within the liability limit and does not exempt liability for drunk driving. After the insurance company compensates within the compulsory insurance scope, it can seek recourse from the drunk driver. Commercial third-party insurance usually lists drunk driving as an exemption, so drunk drivers generally cannot obtain compensation from commercial insurance. Therefore, for injured parties, rescue and compensation for death and injury within the compulsory insurance limit are still guaranteed; for drunk drivers, the denial of compensation by commercial insurance means that any losses beyond the limit must be borne by the individual, and after the compulsory insurance company compensates, it will also seek recourse from them. Don't think that "insurance will cover everything" and take risks. The result is often that individuals have to bear the losses themselves and face criminal penalties.

Q2: In cases of drunk driving causing injuries, what evidence do the victims need to prepare?

The core evidence includes: the accident determination letter (stating the drunk driving and liability), the results of blood alcohol tests or breathalyzer tests (proving drunk driving), road surveillance and driving recorder data, on-site inspections and trace identification, medical records and receipts, witness statements, and the other party's vehicle and insurance information. The evidence organization is structured around "the facts of drunk driving - the damage consequences - the insurance status - the compensation items". The injured party should promptly request the traffic police to fix the evidence of drunk driving and verify the insurance, and then claim compensation within the limits of compulsory insurance; for losses beyond the limits, the injured party can seek compensation from the infringer personally. If the materials are missing, the injured party can apply to the court to retrieve the test and surveillance records.

Q3: If I'm sued for causing an accident while driving under the influence of alcohol, how much will the legal fees and litigation costs be?

The litigation fees shall be calculated in accordance with the "Measures for the Payment of Litigation Fees", based on the amount of the litigation request and accumulated in stages. The losing party shall bear the fees or share the responsibility according to the degree of fault. The drunk driving party is generally presumed to bear heavier responsibility and the subject matter involved is relatively higher. The attorney's fees shall be determined according to the complexity of the case, the amount of the subject matter and the attorney's qualifications, and shall be calculated on a per-case, hourly or proportional basis, subject to the specific provisions of the entrustment contract. There is no unified standard for attorney's fees, and risk-based attorney's fees are strictly restricted. It is recommended that before defending against the lawsuit, the attorney clarify the boundaries of compensation between compulsory insurance and commercial insurance, determine the actual burden on the individual, and rationally deal with the dual pressures of criminal and civil litigation.

Q4: How long does it usually take to resolve a dispute involving a drunk driving-related accident?

The duration of the case is influenced by both the criminal and civil aspects. In criminal cases, the process is either simplified or ordinary, and cases of dangerous driving are relatively quick to adjudicate; while those involving traffic accident offenses take longer. For civil compensation, the first-instance ordinary procedure takes six months and the simplified procedure takes three months; accompanying civil litigation or civil litigation after criminal proceedings will extend the corresponding timeframes. The review of the accident determination shall be completed within 30 days. If an appeal is filed, the second-instance procedure typically takes three months. After the judgment takes effect, the enforcement depends on the situation of the property investigation and control. Overall, purely civil cases can be concluded in a few months, while those involving criminal charges often take a longer period. It is recommended to apply for property preservation simultaneously in the civil proceedings.

Q5: If I am involved in a car accident caused by a drunk driver, as the injured party, how can I specifically protect my rights and interests?

There are four steps to follow: First, immediately call the police and seek medical treatment. Provide clues about the drunk driving to assist the traffic police in conducting blood tests and establishing the facts of drunk driving; Second, request the traffic police to issue a certificate confirming the drunk driving and verify the status of the other party's compulsory insurance and commercial insurance; Third, after the treatment is completed, conduct a disability and loss of income appraisal, list the compensation items, and first claim compensation within the limits of the compulsory insurance; Fourth, for the losses beyond the limits of the commercial insurance that are denied by the insurer, seek personal compensation from the drunk driving infringer. If no agreement can be reached, sue within the statute of limitations and apply for property preservation. If necessary, hire a lawyer to intervene and protect rights through both criminal and civil channels.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as 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. If you encounter disputes, please consult a practicing lawyer in time.