GL with AFP –
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Do not drink and drive. We all know it now, if we want to get behind the wheel, we must not exceed 0.50 g of alcohol per liter of blood (0.20 g in the case of a probationary license). You should know that a glass corresponds on average to 0.20 g, but that depending on your state of form or your body size, its content can go up to transmitting 0.30 g per liter of blood. On the occasion of the following case, justice tells us that an insurer can also sanction us in the event of too much glass while driving.
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A man, whose alcohol level exceeded the legal threshold, dies while driving in a serious accident. His wife, deprived of compensation by her insurer, is appealing in cassation, arguing that before excluding the compensation, it should have been verified that the blood alcohol level was the cause of the accident. “The clause which excludes the compensation of this driver for his damages, those of his relatives or those of his car, is abusive since it applies even if the accident was unrelated to this blood alcohol level”, she argues.
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The Court of Cassation does not follow this reasoning. The judges believe that too high an alcohol level is enough to explain the accident without having to investigate the precise causes. Therefore, we cannot ensure that the contract clause creates an imbalance between the rights and obligations of the parties, to the detriment of the consumer. “This contested clause, which delimits the insured risk and the insurer’s commitment, defines the object of the contract and is not abusive as long as it is drafted in a clear and comprehensible manner. The judge did not not then to appreciate its abusive nature or not “, considers the Court.
The clause in question also excluded any guarantee of the driver who would have driven under the influence of narcotics not prescribed medically or used in doses higher than those prescribed.
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