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I'm from NY, its been 7 weeks since my accident, can i get a dwi or dui? My insurance company notified me I was above the limit.

New York, NY |

I was in an accident 7 weeks ago and today the insurance company called me and told me they got my toxicology report from the hospital and told me I was over the limit, i haven't received any ticket from the police, will my insurance company contact the police as i am aware i gave them permission for my records, also will they drop me? And will i have to pay the medical bills

Attorney Answers 10

  1. Best answer

    I am presuming that you filed a No-Fault claim with your insurer if you were injured in the accident, which would be the only way to understand how they got your hospital records so soon after the accident. Giving your carrier permission to get your hospital records does not give them the right to turn those records over to the police.. If there was no serious injury or death involved in your accident, then the more time that passes the better your chances become each day at not being charged. However, if the police call or come knocking on your door, do not voluntarily speak to them or make comment, but retain a criminal defense attorney immediately. Unfortunately, you do run a real risk of being "dropped" if you as a matter of fact DWI or DUI, even if not charged. As for coverage of the med bills, which has to be paid by the carrier under no-fault (again, presuming you filed an application for benefits within 30 days of the accident) , if the carrier has not sent you a clear and unequivocal "denial" letter as soon as possible following investigation (often considered to be a 30 day period), then it will be obligated to pay your bills. If you do get a denial, consult with an Insurance Law or Personal Injury attorney to see about the possibility of bringing an action to force the carrier to pay.

  2. Why would you waive your doctor-patient priviledge and let the police have your medical records?
    The statute of limitations is 2 years so you can still be arrested.
    Do not make any statements to the police if you get arrested. Hopefully a good criminal defense lawyer can find a way to keep the blood test out.

    The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  3. It is unclear from the information you provided if you were at fault in the accident. If you were, your insurer may very likely drop you as an insured. Even if you were not at fault but were driving under the influence, they may decide to drop you as an insured as well. If the police suspected you were under the influence, they may have requested a blood sample and could possibly be provided with the results from the hospital.
    As far as your medical bills are concerned, you will be held financially responsible for any medical treatment you were provided. If the medical bills are unpaid, you may be sued by the hospital for any unpaid portion.
    It sounds as if you many want to start looking for a good attorney to represent you in case you are charged with a DUI.

    All information provided is for informational and educational purposes only and is not intended as legal advice. No attorney client relationship has been formed nor should one be inferred. Our office only represents plaintiffs in personal injury matters such as wrongful death, liquor liability accidents, dram shop cases, traumatic brain injuries, spinal cord injuries and other catastrophic injuries.

  4. There are a few issues here:
    1. As pointed out by my colleague - at what point did you waive your medical privacy to the insurer?
    2. If there is no police activity, how is the insurer capable of determining that you were "over the limit?"
    3. How can you even be sure that the insurance company received the medical records pertaining to your accident?

    Clearly the insurance company does not want to pay this claim, but the means by which they are seeking to do so seem a little out-of-the-ordinary to me. I would retain the services of an insurance attorney immediately.

    This does not constitute legal advice or the engagement of my services as an attorney.

  5. This is really not one of the many lousy things that insurance companies do.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.

  6. Sure. Retain a local DUI lawyer to fight it when you are charged.

  7. At any time did you say to yourself "self, I think I need a lawyer...."

  8. Based on your post you should consult a local attorney asap

  9. They can't disclose the records without authorization. They will drop you, but you can get new insurance from the assigned risk pool at the highest rate allowed by law. You will be stuck with the medical bills. This next part may sound harsh,but: tell all of your friends this is what happens when you drink and drive.

  10. No, they will not contact the police. They obtained your records for their own purposes which do not include voluntarily disclosing confidential hospital records to law enforcement. Before doing anything else, get a copy of the hospital records and confer with an attorney to determine if you truly were intoxicated. Simply put, just because your insurance carrier tells you something, it isn't necessarily accurate.

    The responses provided to your questions are not legal advice, do not create any attorney client relationship, and are provided for informational purposes only.

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