my family was in an auto accident and I think the driver had been drinking a few hours prior to it there was no breathalizer done at the scene but they were all rushed to the hospital where they drew blood on the driver do you think the insurance company will request a sample from the hospital to check the blood alcohal level
2007-10-21 08:24:58 · 5 answers · asked by ashleyl85 1 in Politics & Government ➔ Law & Ethics
If the cops suspect alcohol was involved, they will conduct the applicable tests or ensure that the hospital staff does.
This information will then be made available to the appropriate agencies via subpoena.
2007-10-21 11:19:36 · answer #1 · answered by sirbobby98121 7 · 0⤊ 0⤋
In injury accidents a blood sample is almost always drawn at the hospital. Results stored on computer can be obtained through a lawyer or by insurance company. While all 50 states have a DUII level of .08, a person can be charged as driving under the influence with much less, as well as consideration by insurance. Also, the use of illegal or prescription medications that might be responsible in causing the accident may be considered. Oral diabetic medications often are a cause of dozing off at the wheel.
2007-10-21 09:53:57 · answer #2 · answered by genghis1947 4 · 0⤊ 0⤋
They probably will not. Unless the officer/fireman/paramedic suspects alcohol use, no testing will be given.
Another problematic issue is that even if blood was drawn, they probably are not testing blood alcohol levels. By the time the insurance company investigates, it will be too late.
Also the insurance company relies on witness statements and police reports to reach a conclusion. It is rare that an individual, outside investigation would take place.
2007-10-21 08:31:47 · answer #3 · answered by canonbones 1 · 0⤊ 0⤋
The insurance company has no authority. They could, however, have thier attorney petition the court to issue a subpoena. Ultimately, it would be the court's decision.
Any request to the court would have to be substatiated by probable cause, they will not issue a subpoena without specific articulable facts.
2007-10-21 08:43:14 · answer #4 · answered by trooper3316 7 · 0⤊ 0⤋
My husband, who has dealt with traffic and accident issues before said that they wouldnt have drawn it unless they were testing it for something. He said it will be on the toxicology report which will almost certainly be public record and the insurance company will most likely be looking at it.
2007-10-21 08:31:00 · answer #5 · answered by reconnermom 3 · 2⤊ 0⤋