Caught drink driving?

Tadd1966, I do not believe your comments are entirely accurate.  Having said that, in Spain both insurance policy wordings and practice are highly flexible and no-one can be too sure.

In the UK most policy wordings follow standard industry agreed formats.  Most are either "ABI" (Association of British Insurers) or Lloyds.  As a general rule neither are altered for smaller personal insurances.   This only happens with larger commercial insurance where a broker is involved.

In the UK any DUI or allegation of such would normally be handled by a Magistrates court.  Whether the alleged culprit is charged, arrested or bailed would depend on circumstance.  But it is quite possible to be released without charge or bail and yet still be prosecuted subsequently.  I don't know but suspect the process in Spain is similar, but probably more flexible with possibly a larger element of luck!

In the UK insurers often receive police reports - privacy is never a factor.   In Spain...?

johnzx and acer

I do not disgaree with what you are saying but the fact remains that if you have not been prosecuted then how can you be guilty of a crime?

An insurance company cannot assume guilt based on a police report that does not prove guilt - the simple fact that no action has been taken by the police implies there was not enough evidence or maybether was mitigating circumstances that would lead them to believe a that a succesful prosecution was not possible

whatever the reason / information etc. the police have used for not prosecuting would be just as easily used by a defence lawyer in any action legal taken by the insurance company to try and effectivley convict someone for something that they  have not done as proven by no action taken by the police and the courts.

Has Adam admitted to the insurance company he was over the limit and what actual proof did he provide? Do insurance companies have official breath, blood and urine testers? Were they present during the tests?

Until Adam has been succesfully prosecuetd for DUI then he is NOT guilty, he can drive legally on the roads in Spain or UK or anyhwere his valid licence allows him, he will have no endorsements / penalty points / convictions etc. etc.

Too many questions not enough answers / details from OP to start with and again the more i think about this it all seems a bit jackanory to me

Tadd1966 - the general limitation period is within 6 months for a minor criminal offence in the UK.  Again I would guess it's the same in Spain, but not certain.

Tadd sorry but as I said "Guilty or not guilty only relates to criminal cases. The claim for damages would be in a civil court action where the burden of proof required is substantially less than in a criminal court."

With my knowledge of the UK court system, criminal and civil, from what Adam has said,  I have no doubt whatsoever that a civil court in the UK  would not hestate to find against Adam and award costs.  No UK lawyer would even attempt to defend him.   I think the Spanish system cannot be that different. 

I will try to remember to ask about time limits for DUI proceedings on Friday,  when I am next at the Comisaria.

Tadd just to clarify when in UK civil cases can be brought, without a criminal case or even when a person is acquitted ( OJ Simpson type)

This is info published by National Crime Victim Bar Association. I have no doubt that the same principle applies in Spain.

http://victimsofcrime.org/docs/CJ%20Brochures/civiljusticeenglandwales.pdf?sfvrsn=2

Burden of Proof

Civil cases, and cases brought to the CICA, must be proved “on the balance of probabilities”, i.e., that it is more likely than not that the defendant committed the alleged wrong. This standard is far lower than the “beyond reasonable doubt” threshold which needs to be proved in criminal cases. Therefore, it is possible to succeed in a civil claim where either the Crown has decided not to prosecute a criminal matter, or the Defendant has been found not guilty of the offence charged

This message was last edited by johnzx on 21/12/2015.

johnzx

sorry but in this case i have to disagree with you as it would set a very dangerous precedent giving insurance companies carte blanch to do whatever they wish

for example had adam been under the limit when tested but had a half of shandy the insurance company could claim he had half a shandy therefore "under the influence of alcohol" and used your logic of probablities, substantially less proof etc. claim against him - a very dodgy area indeed

I repeat there is no proof (full or substantially less than required or any probabilities etc.) that Adam has broken a law of any kind - the only admission he has made is on here and even if he stated that to the insurance company he can always withdraw his comment and state he was mis understood etc.

We will have to see what happens to Adam before we all truly know but too many things are not right in this tale and certainly not detaiel denough for anyoen to come to a full solution

The best advice for adam as has been given is to close his credit card, refuse to pay and wait

I think this thread has ran its time and not worth following anymore as we are going nowhere but you can have the last word if you wish

Well time may tell.

But let’s not loose sight of the fact that he proved to be over the limit both on the breath and the blood test.  He said, “I know i shouldn’t have been driving.”  So it was not half a shandy, but  a couple of pints, admitted to,  and enough to put him over the legal limit, which is the line the insurance companies, it may even be the law in Spain, rendered him uninsured.

 I for one do not want people who fail the test 'getting away with it'  I might be the guy who gets killed if am unlucky enough to be in the path of the skidding car. 

  And if someone drove into my car, or yours, even if he was not prosecuted, I would hope that we would still have a claim on his insurance and that ‘not prosecuted’ does not = ‘not to blame.’

Thank god somebody speaking some sense he broke the law and thankfully nobody got killed or injured.To cause 8000 euros amount of damage proves he could have killed somebody .He is now at home in the UK enjoying Xmas  it could have been a hell of  a lot worse move on.