The Insurance & Financial Services Ombudsman Scheme
(IFSO Scheme) is advising consumers to check when they can
drive after taking medication, to make sure they are covered
by their insurance. 

A recent investigation by
the IFSO Scheme, which resolves customer complaints about
insurance and financial services, has brought sleeping pills
into the spotlight.

“Many people think ‘driving
under the influence’ only applies to recreational drugs
and alcohol, but 1 in 4 prescriptions are for medications
that can impair driving. Vehicle insurance policies contain
conditions which can mean cover may be declined if they
drive while under the influence of medication,” says Karen
Stevens, Insurance & Financial Services
Ombudsman.

In a recent case reviewed by the IFSO
Scheme, Rose* was a named driver on her sister’s car
insurance policy. One morning, at 10am, Rose had an accident
while driving her sister’s car – she failed to stop at a
red light and crashed into another vehicle. Rose’s sister
made a claim to her insurer for the damage to her car and
the other vehicle.

The insurer asked Rose whether she
had taken any medication in the 24 hours prior to the
accident. Rose said she had taken half a sleeping pill at
11pm the night before.

The insurer declined the claim
because there was a policy exclusion for “any loss,
damage or liability … If your vehicle is being used or
driven by any person who … is under the influence of any
intoxicating substance or drug”.

The IFSO Scheme
investigated. Rose’s doctor confirmed she should not drive
within 8 hours of taking the sleeping pills, and the
accident occurred 11 hours after taking the
medication.

“In this case, Rose had followed her
doctor’s guidance and had not driven within 8 hours of
taking the medication. This meant she was complying with the
conditions of her insurance policy, and the insurer could
not decline her claim. There was no evidence that Rose had
been under the influence of an intoxicating drug,” says
Stevens.

The insurer offered to settle the claim by
paying the cost of the damaged vehicles, the storage fees
incurred, plus $1,000 for special
inconvenience.

“Rose’s case highlights the fact
that insurers consider whether prescription medications have
been taken when assessing vehicle accident claims. If you
are taking a prescription medicine, check the guidance about
when you can drive after taking it,” she says.

“If
you take sleeping pills later in the night and then drive to
work early the next morning, you are at risk of causing
problems if you need to claim on your insurance. Not to
mention you’re also breaking the law and being unsafe on
the roads,” says Stevens.

“This applies not just
to sleeping pills, but to many other medications too, such
as strong painkillers, and heart or allergy medications.
However, don’t stop taking medication just because you
want to be okay to drive. Rather, talk to your doctor first
about your options and whether you can drive safely and
legally,” she says.

* Names have been
changed

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