Drunk Driver's Insurance: At-Fault Driver Intoxicated

Last Updated: October 24, 2026

625 ILCS 5/7-601(a) requires a liability policy at the 625 ILCS 5/7-203 amounts for a motor vehicle operated or registered on a public highway, subject to the exemptions in subsection (b). Subsection (a) preserves a common-law policy defense. A DUI charge leaves coverage and the civil share of fault to those rules.

The liability policy required by section 7-601(a) is issued in amounts no less than the section 7-203 minimums, and it is issued in accordance with sections 143a and 143a-2 of the Illinois Insurance Code. The same subsection preserves any policy defense available at common law.

Does liability coverage end because the driver was intoxicated?

Section 7-601(a) states the insurance requirement and preserves a common-law policy defense. Section 7-317(a) defines a motor vehicle liability policy as an owner’s policy or an operator’s policy certified as proof of financial responsibility. Subsection (b)(3) states $25,000 for bodily injury or death of one person, $50,000 for two or more people, and $20,000 for property damage, in one crash. Subsection (f) makes the carrier’s liability absolute when a loss covered by that certified policy occurs, and it voids a later cancellation or annulment by agreement between the carrier and the insured. Those subsection (f) sentences belong to the certified policy. An ordinary coverage question remains a policy defense under section 7-601(a).

What are the required amounts?

Section 7-203 sets $25,000 for bodily injury or death of one person, $50,000 for two or more people, and $20,000 for property damage, in one crash. Section 7-601(a) uses those amounts. Subsection (b) exempts listed vehicles, including vehicles owned by the United States, the State of Illinois, or a political subdivision, and stored vehicles that are not operated.

Does a DUI charge decide fault?

Recovery follows 735 ILCS 5/2-1116. Contributory fault of more than 50 percent bars recovery. Otherwise the damages are reduced in proportion to that fault. The criminal charge and the civil share of fault are separate questions.

What if there is no liability policy?

215 ILCS 5/143a(1) covers a person insured who is legally entitled to recover from the owner or operator of an uninsured or hit-and-run vehicle. The bodily-injury limits follow section 7-203. Section 143a-2(2) lets a named insured reject, in writing, only the additional uninsured coverage above those limits. A court order of rehabilitation or liquidation is the insolvency event in section 143a(3). A canceled policy is a different fact.

What if the liability limits are lower than the underinsured limit?

Section 143a-2(4) calls a vehicle underinsured when the sum of the applicable liability limits is less than the insured’s underinsured limit. The insurer’s limit of liability is its coverage limit, less the amounts actually recovered. Subsection (7) allows a policy to withhold that payment until the liability limits are exhausted by judgment or settlement. A settlement for less than those limits leaves the underinsured claim open.

What can the carrier do after the loss?

Section 7-317(f)(2) voids a cancellation or annulment, as to a covered loss, made by agreement between the carrier and the insured after the insured is responsible for that loss. The sentence applies to a certified motor vehicle liability policy. A later premium is a separate rate question. A claim against a person who sold or gave the alcohol is a separate question from the driver’s liability policy.

If you were injured by a driver who had been drinking, Parker & Parker can read the policy and the crash facts.

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Robert Parker handles plaintiff-side injury cases for Parker & Parker in Peoria and Central Illinois. Call 309-673-0069 or contact us online for a free consultation.

Frequently Asked Questions

Does a drunk driver’s insurance have to pay my claim?

The required liability policy follows section 7-601(a) and the section 7-203 amounts. Subsection (a) preserves a common-law policy defense. The civil claim still follows section 2-1116, and payment still depends on damages the claimant is legally entitled to recover.

What if the drunk driver only has minimum insurance?

Section 7-203 sets $25,000, $50,000, and $20,000. Underinsured coverage follows section 143a-2(4): the available amount is the underinsured limit, less the amounts actually recovered. A judgment against the driver reaches only assets that can be collected.

What if the driver had no liability policy?

Uninsured coverage follows section 143a(1) when the injured person is an insured and is legally entitled to recover. A named insured may reject, in writing, only the additional uninsured coverage above the section 7-203 bodily-injury limits.

Can the insurer pay less because the driver was charged with DUI?

The policy limit remains the limit stated in the policy. Section 2-1116 reduces damages for contributory fault and bars recovery when that fault is more than 50 percent. A denial of payment is a coverage or damages dispute. Section 155 requires the court to find that the action or the delay was vexatious and unreasonable.

Dealing with injuries after a car crash can feel overwhelming. Our personal injury lawyers who handle car accident cases can guide you through every step of the legal process.

Need a lawyer? This article is part of our Peoria Car Accident Lawyer practice area. Call Parker & Parker at 309-673-0069 for a free consultation.

Related local guides: car accident lawyer guide, and UM/UIM coverage guide.

Drunk Driver’s Insurance: What Happens When the At-Fault Driver Was Intoxicated