I have recently been asked to advise a Surrey motorist who was convicted of drink driving following a road traffic accident. The other party to the accident is making a claim for damages. The Surrey motorist’s insurance company is avoiding paying out on the basis that the drink driving conviction allows them to claim an indemnity from their driver. According to a European Court case, the insurer is entitled to do this.

The effect of this is that the Surrey motorist is personally liable for the claim by the other driver! So, if you drive and you are over the drink/drive limit, you will be personally liable for the consequences of an accident. In the case of a serious accident that could bankrupt you! Pretty sobering stuff.