Coverage for damage caused by you as a result of drink-driving may be excluded by a WAM insurer in the policy conditions . In practice, this means that the insurer can recover all damages, both material and immaterial, from you as the driver.
If there are serious injuries or a fatal accident, this amount can increase substantially, leaving you with a very large debt - sometimes for life. A mortgage or money loan is then out of the question. So pay attention!
Note that this alcohol clause must be explicit and clear in the policy conditions. In other words, the policy conditions must literally state that damage caused with or by the car is not insured if the driver has consumed alcohol, or words to similar effect.
The Rotterdam District Court recently ruled in a case where the alcohol clause was explicitly included. The applicable general conditions had stipulated that damage caused by the car was not insured if: - the driver has consumed alcohol or drugs - if he has more alcohol in his blood or breath than allowed by law. The driver had caused a fatal accident for which he was liable. The insurer compensated the injured party in the amount of €30,657.35. It was subsequently established by the police that the defendant was under the influence of alcohol at the time of the accident. The insurer recovered the full amount from the driver (i.e. its insured). The court ruled, inter alia, that under the policy conditions, it should have been clear to the driver that the accident he caused was not insured because he had had far more alcohol than was permitted. The insurer is therefore entitled to recover the amount paid out. The driver must therefore pay for all damages personally.
If the policy conditions are unclear or worded too generally (think of the general intent clause or a clause that damage is not insured if the driver is not authorised to drive a vehicle), in principle, they cannot lead to a recovery, as it is then not clear to the average insured what exactly is meant by that. So always read your policy conditions carefully and, more importantly, do not get behind the wheel while under the influence of alcohol! You can seriously harm others but also yourself!