THIS much alcohol is legally permitted while driving! What about impact on insurance claim?

Does the law permit a certain amount of alcohol in your bloodstream while driving? If yes, then what’s the limit for blood alcohol content (BAC)? And what happens if you meet with an accident under the influence of alcohol? Can you still claim insurance? These are some of the questions that might come to your mind as the driver of your own car.

Let’s understand what the law says exactly on drunken driving in India and its implication on insurance claim from Ramit Goyal, Chief Distribution Officer, Future Generali India Insurance.

What’s legal BAC for private vehicle drivers?

In India, the legal BAC limit for private vehicle drivers is set at 0.03% (30 mg of alcohol per 100 ml of blood), as explained by Goyal. “For commercial vehicle drivers, the permissible limit is zero tolerance, meaning no alcohol in the system at all,” he adds. If your BAC is within the legal limit, you are technically not considered to be driving under the influence (DUI) in the eyes of the law.

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However, when it comes to motor insurance policies, most policies in India, whether comprehensive or third-party, typically include a “driving under the influence” clause.

“While the law might allow a certain amount of alcohol, insurance policies often include a clause that excludes coverage if the driver is found to be under the influence of alcohol or drugs at the time of the accident,” Goyal explains.

Even if you are within the legal BAC limit, insurers may dispute your claim if alcohol is deemed to be a contributing factor to the accident. This is because alcohol can impair judgment, reaction time, and decision-making, even within the legal limit.

Motor Vehicle Act of 1988 outlines these penalties

The Motor Vehicle Act of 1988 outlines penalties for drivers under the influence of alcohol or drugs, including fines, suspension of driving licenses, and imprisonment in cases of serious accidents.

“If the police find that you were driving under the influence, even at or below the legal limit, it might affect your insurance claim,” Goyal warns. Insurers often review the police report and evidence from the scene of the accident to determine whether alcohol was a contributing factor.