Can the insurer refuse a claim because I was drink driving?

Many motor vehicle policies exclude cover for losses that occur while the driver is over the legal alcohol limit, so the insurer may be entitled to decline the claim for damage to your own car. Third party liability is more complex. Under the policy, the insurer may still be required to pay the other driver's damage if the law or the policy so provides, but it may then seek to recover the cost from you, which can be a serious financial burden. Read the exclusion clauses carefully and ask the insurer to explain in writing how it has treated each part of the claim. The criminal charge will also proceed separately. Get legal advice early, as your statements to the insurer and police can affect both your insurance claim and your criminal case.