Got Rear Ended Stopping for an Ambulance, Low but Positive BAC

[driver1990]

My question involves an injury that occurred in the state of: Michigan

I stopped for an ambulance and was then rear ended. The other driver was issued a ticket with a hazard action of 12. I was not with a hazard action of 00. The officer submitted me to a field sobriety test which I passed and a PBT with which I blew a .024. I was allowed to leave because he said I was not impaired. I was not issued a citation and the other driver was.

Do I have anything to worry about with the insurance company? The cop told me I was fine and makes no mention of my PBT in the remarks section.

[jk]

with whose insurance company?

well, you were here but now you are gone without responding so I will simply say this:

You should be able to make a claim for the $500 mini-tort action available against the other guy without any problem if you have a deductible of $500 or more on your insurance. If you have collision insurance, I see no reason your insurance company should not cover your car unless you are on a non-drinkers policy. If you are, if there is anything about taking a breath test or especially the results, it could give you a problem with your insurance company. If you do not have collision insurance, you are left with the up to $500 from the other guy and paying for the rest of the damages out of your pocket.


There is one caveat: did the other guy have insurance in effect? If not, it may change things dramatically.

[driver1990]

I only have PLPD and plan on using the mini-tort to recover the $500 and fix my car as much as I can with that money. My main concern was the presence of alcohol automatically making my claim void or something of that sort.

The other driver did have insurance and I am not on a non-drinkers policy.

I don't know the details of her insurance but it was an older car and she was a college student, so I assume PLPD as well. I do have her information and plan on contacting the insurance company tomorrow

[PTPD22]

You were found to be not impaired by both the officer's observations (field sobriety test) and by actual measurement of your BAC. I wouldn't be surprised if the officer never even mentioned the low BAC result or the FSTs in his report as they were not relevant. Nothing about being examined and being found to be NOT impaired will affect your claim.

[jk]

I only have PLPD and plan on using the mini-tort to recover the $500 and fix my car as much as I can with that money. My main concern was the presence of alcohol automatically making my claim void or something of that sort.

No, it won't. It is not illegal to drink and drive. It is illegal to drive while impaired. It appears the officer determined you were not impaired so it should have nothing to do with your claim, even if it would be brought into the possible suit.

Given the information in this post, you should be able to claim the $500 and that is the end of this.