How a Positive Marijuana Test Can Affect an Insurance Claim


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Marijuana related car accidents can have serious effects on your and the other party’s insurance claim. Depending on the location and amount of marijuana and the seriousness of the accident, the mere presence of marijuana could negate your insurance coverage. The following is a description of the possible affect marijuana can have on your insurance claim.

If You Possessed the Marijuana

Merely possessing marijuana at the time of the accident will not necessarily have serious consequences on your insurance claim. While you may be arrested for possession of illegal drugs, there is no automatic cancellation of your insurance policy merely for having drugs on your person or in the automobile. However, in this instance it is important to show that you were not under the influence at the time of the accident. If you have no drugs or alcohol in your system, request a drug test administered by the police if you have been arrested or submit yourself to a drug test immediately following the accident.  This will prove helpful in the future to show that you were not responsible for the accident due to being under the influence of drugs.

If You Were Intoxicated

The term “intoxicated” applies to drug use as well as alcohol. If you were under the influence of marijuana at the time of the accident, you might not only be subject to arrest, but also be subject to your insurance company immediately cancelling your coverage and denying any claims arising from the accident. Even if you were not responsible for causing the accident, fault might be ascribed to you because your intoxication will be considered to mean that your judgment was impaired. Therefore, you might be considered the responsible party for the accident and need to pay out of pocket for any expenses and costs caused by the accident.

If The Other Party Possessed or Was Under the Influence of Marijuana

If you discover that the other party was in possession of marijuana or intoxicated at the time of the accident, you should request a copy of the police report and drug tests related to the accident. While you may not be able to obtain these documents without a court order, they may be delivered to you merely by requesting them. It is important to obtain these records so that you can use them in court or negotiations to ensure adequate compensation for your claim.

Seeking Legal Help

If you have been injured in an accident in which marijuana was present, seek legal assistance. An attorney will be able to guide you as to the best process to use or defend against the illegal drug’s presence to obtain just compensation for your claim.

LA-NOLO1:DRU.1.6.3.20141021.28794