Driving And Medication

[knitnat]

My dad is 83 years of age and for various reasons his driving has worried me for a couple of years now but he insists he is fine. He has been taking Oramorph for 10 weeks now which makes him drowsy. The leaflet with his medication says not to drive if causes drowsiness but he ignores this. He drives my mums Motobility car and my question is was he to have an accident would the medication issue affect the insurance at all? TIA

[shoota]

'An allegation of driving whilst unfit under the influence of drugs can be brought if the police have reason to believe that you were driving a motor vehicle on a road or in a public place after consuming drugs. That includes drugs that are legal as well as those that are illegal.'

That's from here: http://www.hbjwlaw.co.uk/what-we-do-no-win-no-fee-personal-injury/criminal-law/driving-offences/being-unfit-through-drink-or-drugs

[Bazile]

Well yes - if he is driving whilst taking a medication which he is aware causes him to be drowsy, and he causes an accident

[shoota]

You may also find, depending on the wording of your parents specific policy, that driving whilst under the influence of a prescribed drug invalidates the insurance, if discovered, whether an accident occurs or not.

Should such an incident occur I think it likely that they would not be able to get insurance again, certainly not including your dad.

If they could, it would be extremely expensive.

[knitnat]

Was also wondering as the Motobility car is in mums name what implications could that have for her knowing he is driving the vehicle whilst taking this medication

[shoota]

Tricky question: theoretically, if she gives him the keys and asks him to pop out for a loaf of bread whilst he is under the influence of the medicine she may be guilty of aiding and abetting the offence:

'Whosoever shall aid, abet, counsel, or procure the commission of any indictable offence, whether the same be an offence at common law or by virtue of any Act passed or to be passed, shall be liable to be tried, indicted, and punished as a principal offender'

The Accessories and Abettors Act 1861.

Whether or not there are specific clauses in the Motability agreement which cover this I know not.

[Hopkirk]

Perhaps it is time to do the unthinkable and challenge him about it.

[Buenchico]

Driving while under the influence of either drink or drugs can't invalidate the third party element of motor insurance. i.e. if your father was to cause an accident resulting in either damage to another person's property/vehicle or to their injuries, the insurer would have to pay out any claim from the other person. However the rest of a 'fully comp' policy might well be invalidated by such actions. (So, if he wrote the car off, there wouldn't be a penny paid out in compensation).

[EDDIE51]

We had a similar problem with my Mum. In the end we told her GP of our concern and he told her she had to stop driving. I know it is very hard especially as it is a mobility car but I fear it may be the only way. Some other member of the family could perhaps take over as the designated driver.

[jno]

off the top of my head, I wouldn't think your mum would get into trouble - as a laywoman, she shoudn't be expected to calculate if his medication is making him a risk on the road. On the other hand, if she does know, maybe she should be trying to tell him not to do it.

[EDDIE51]

The point is that if is like my Mum , he is a danger to himself and other road users. My Mum was an accident waiting to happen.
How is his eyesight? he has to certify that his sight is of the required standard every 3 years when he gets a new licence. That was another problem with my Mum, she could hardly see past the cars bonnet but refused to accept it . More than once we had to go and help her find her car as she could not see where she had left it.

[EDDIE51]

Read the 1st answer in this thread
http://www.theanswerbank.co.uk/Law/Question458183.html

[knitnat]

Thanks for all the answers. My dad knows exactly how I feel about him driving he has issues with his eyesight, spacial awareness, distance awareness thats before he started with the medication! The problem is the rest of his family won't back me up as he does a lot of 'running around' for them and they are really not that bothered. I didn't know you could inform DVLA it wouldn't be anonymous as he would know straight away it was me but I think I may have to seriously consider it. Thanks again.

[grasscarp]

You can get him assessed
http://www.mobility-centres.org.uk/
We had to arrange this for someone who clearly was a danger to self and other road users. Their advice was not to drive again.

[Bazile]

//..he has issues with his eyesight, spacial awareness, distance awareness thats before he started with the medication!..//

All crucial attributes for driving safely .
Added to that drowsiness - i do really think that he should not be on the road .

Someone should take the car keys off him before he causes an accident and the likely heartache to both his family and a third party's family

[EDDIE51]

Allowing a person to keep driving a motability car when they are unfit to drive as with your dad could count as 'misuse of the car' you can report it or talk to an adviser about your concerns
https://www.motability.co.uk/about-us/contact-us/report-misuse-form
You can phone them or use email or the online form. They will not want someone driving one of their cars (remember it is THEIR car, your Mum only leases it)if they are unable to drive safely due to medical problems.
They will probably arrange for him to be assessed for suitability to keep driving.

[TWR]

Knitnat, it must be an awful position to be in but you must do the right thing regards Safety, this could involve a child getting killed or very badly injured that includes adults, regards those that use your Dad to run them around, it will not be on their conscience if the worst happens, but yours.