Media release 18 July 2024
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
ENDS
Media contact
Sarah Smythe
IFSO Scheme Communications Manager
sarah@ifso.nz
021 292 4036