Loss of Insurance Rights of the Insured and Insurer’s Recourse in the case of Car Liability Insurance Due to Driving under the Influence of Alcohol and Psychoactive Substances in Excess of the Permitted Limit

The paper addresses the issue of the insured’s loss of rights under collision in- surance, as well as insurer’s recourse in the case of car liability insurance due to driving under the influence of alcohol and psychoactive substances in excess of the permitted limit. The authors provide guidelines for interpreting the legal standard of evading the detection of alcohol or psychoactive substances in the body after a traffic accident and examines the validity of the provision of the insurance terms and conditions that stipulates negative consequences for the insured due to the failure to notify the police about the traffic accident. The issue exists both in the field of collision insurance and in the field of car liabil- ity insurance. In the first case, fulfilment of the standard results in the loss of insurance rights and in the second case, it results in the insurer’s right to claim compensation that it paid to third parties.

Key words: car insurance, drink-driving, loss of insurance rights, right of recourse, collision car insurance, car liability insurance, insurance terms and conditions.