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Impaired Driving

What Happens to Your Car Insurance After a DUI

A workstation in the firm's Moncton office

There is no statute anywhere in Atlantic Canada that sets how long car insurance after a DUI stays expensive. The ten year figure people repeat is not a rule, it is the outside edge of what some insurers use as a look-back period when they underwrite a policy. Each insurer sets its own window, and the driver who shops around after a few clean years usually finds a shorter one.

What follows separates the parts of this that are law from the parts that are an insurer’s commercial decision.

Two Separate Records Exist, and Only One of Them Is Permanent

A conviction creates a federal criminal record, and it remains on file until a record suspension is granted. The records and pardons chapter sets out the waiting periods.

The provincial driving record is different. Nova Scotia and New Brunswick each keep a driver abstract showing convictions and suspensions, and each has its own rules about how long an entry appears. That abstract is what an insurer buys when it quotes you.

Insurers Price Off the Abstract and Their Own Underwriting Rules

An insurer is not applying a penalty set by government. It is deciding what risk it wants and at what price, and a criminal driving conviction moves a driver into its highest risk band.

Different companies use different look-back periods for a major conviction. Some stop counting after three years, some after six, some go further. The answer changes depending on who you ask for a quote, which is the reason to ask more than one.

The Residual Market Exists So That No Driver Is Uninsurable

An insurer can refuse to renew a policy after a conviction, and many do. That does not leave you without coverage. Both provinces participate in the Facility Association, the residual market that writes policies for drivers the voluntary market will not take.

Coverage there costs more and it is meant to be temporary. Brokers move clients back into the regular market once the conviction has aged enough for a standard insurer to look at the file again.

Not Disclosing the Conviction Is Worse Than the Conviction

Applications ask about convictions and suspensions, and the answers are statements you are bound by. An insurer that later discovers a material misrepresentation can treat the policy as void, which can leave you personally exposed for a claim.

Answer the questions accurately. A rated policy is expensive. No policy, in the middle of a claim, is a different order of problem.

An Impaired Driving Conviction Can Also Affect the Coverage You Already Have

Standard automobile policies in this region contain statutory conditions that a driver breaches by operating while impaired. The insurer still has to answer to an injured third party, because the law protects the innocent claimant, but it can then look to its own insured to recover what it paid.

That is a serious financial consequence and it is separate from the rate. Anyone facing both a charge and a collision claim should get advice on both at once. The firm handles DUI charges and car accident claims from the same offices.

The Licence Suspension and the Interlock Program Have Their Own Costs

Reinstatement carries provincial fees, a mandatory education or rehabilitation course, and in most cases an ignition interlock device installed at the driver’s expense for a set period.

Those costs are fixed by regulation instead of by an insurer, and they arrive before the first renewal quote does. Budget for them separately from the premium.

What Actually Shortens the Period of High Car Insurance After a DUI

Time and a clean record do most of the work. Every additional year without a conviction, a suspension or an at-fault claim moves the file back toward the standard market.

Three things speed it up. Use a broker who can put the file in front of several insurers rather than one. Complete the interlock or rehabilitation program on schedule so the abstract shows compliance. Keep the rest of the abstract clean, because a speeding conviction on top of a criminal one keeps you in the high risk band longer than the criminal one alone would.

Avoiding the Conviction Is the Only Thing That Avoids All of It

Every consequence on this page follows from a conviction being registered. A charge that is withdrawn, or a trial that ends in an acquittal, produces none of them.

Impaired driving is among the most technical prosecutions in Canadian criminal law. The demand, the timing, the operation of the instrument and the right to counsel each have to be right, and the Criminal Code sets out exactly what the Crown must establish. The firm defends these charges in New Brunswick and Nova Scotia. Read what we can do before you plead to anything.

FAQ

Will My Insurance Company Find Out About the Charge Before I Am Convicted?

Usually not from the court. A charge is not a conviction and does not appear on your driving abstract as one. A roadside suspension can appear, and insurers see abstracts at renewal.

Can My Insurer Cancel My Policy Mid-Term?

Insurers generally act at renewal rather than mid-term, and cancellation rights are governed by the statutory conditions in the policy and provincial insurance legislation. Read the notice you receive and ask a broker.

Does a Refusal Charge Affect Insurance the Same Way?

Yes. A conviction for refusing a breath demand is a criminal driving conviction and insurers treat it the same as an impaired driving conviction, sometimes more harshly.

Does Moving to Another Province Reset It?

No. Provinces exchange driver record information, and the conviction is federal in any event. A new abstract in a new province will still show it.

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