In cases where a traffic accident is caused while the driver is under the influence of alcohol, the at-fault driver bears, on the one hand, civil and criminal liability towards the injured party and, on the other hand, administrative liability towards the State.
At the same time, according to the applicable legislation, the insurance company that would otherwise be liable for compensation, namely the insurance company with which the damaging vehicle was insured at the time of the accident, is released from liability to compensate the injured party.
Therefore, the sole party liable to cover all damages suffered by the injured driver as a result of driving under the influence of alcohol, including any amounts awarded for non-pecuniary (moral) damage, is the at-fault driver of the damaging vehicle. All claims arising from the traffic accident may be brought against that driver, and their criminal liability may also be pursued.
More specifically, in cases where a traffic accident is caused under the influence of alcohol, the at-fault driver is liable as follows:
1) Civil liability towards the injured party
In the event that an accident is caused by intoxication, the driver of the vehicle is liable for compensation under the general provisions governing tort liability (Articles 914 et seq. of the Civil Code). In addition, together with the owner of the vehicle (where the owner of the damaging vehicle is a third party), the driver is also liable under Law ΓΠΝ/1911.
The following statutory provisions constitute the legal basis of the injured driver’s claims, upon which the lawsuit and the amounts sought therein are based, such as property damage, increased maintenance costs, loss of income, medical expenses, moral damages, compensation due to permanent disability, etc.
2) Exemption of the liable insurance company
Articles 2(1), 6(1), 10(1) and 11(1) of Law 489/1976 on compulsory motor vehicle civil liability insurance provide, inter alia, as follows:
“The owner or possessor of a motor vehicle circulating in Greece on a road is obliged to have insured the civil liability arising therefrom towards third parties, in accordance with the provisions of this Law” (Article 2(1)).
“The insurance must cover the civil liability of the owner, the possessor and any driver or person entrusted with the driving or otherwise responsible for the insured motor vehicle” (Article 6(1)).
“The person who has suffered damage has, by virtue of the insurance contract and up to its insured amount, a direct claim against the insurer” (Article 10(1)).
“The insurer may not raise against the injured party, when the latter exercises the claim provided for in Article 10(1), defenses arising from the insurance contract, without prejudice to the insurer’s right of recourse against the insured, the contracting party and the driver” (Article 11(1)).
However, pursuant to Article 6(b) of Presidential Decree 237/1986:
“1. Damage caused is excluded from insurance coverage where:
… (b) it is caused by a driver who, at the time of the accident, was under the influence of alcohol or toxic substances, in violation of the Road Traffic Code (Law 2696/1999, Government Gazette 57 A), as in force, provided that such violation is causally linked to the occurrence of the accident …”
Accordingly, damages caused while the driver of a motor vehicle is under the influence of alcohol or toxic substances, within the meaning and under the conditions of Article 42 of the Road Traffic Code, are excluded from insurance coverage.
Therefore, in the case of a traffic accident caused by the intoxication of the at-fault driver, the liable insurance company is released from any liability, and the sole party responsible for compensating the damages suffered by the injured driver is the driver of the damaging vehicle.
In practice, it is customary for a lawsuit to be filed both against the at-fault driver and against the insurance company, which (the insurance company) subsequently seeks recourse against the liable driver.
3) Criminal and administrative liability of the at-fault driver
As regards the criminal liability of a driver under the influence of alcohol, this is governed by Article 302 of the Penal Code (negligent homicide, in the event of a fatal accident) or Article 314 of the Penal Code (negligent bodily harm, in the event of an accident resulting in bodily injuries to the victim), as well as by the new Article 290A of the Penal Code.
Finally, relevant provisions are also contained in Article 42 of the Road Traffic Code, pursuant to which, depending on the blood alcohol concentration of the at-fault driver, the corresponding administrative sanctions are imposed, such as fines, suspension or revocation of the driving licence, etc.
