30 May 2011: The current court case taking place in the Western Cape High Court over the reliability of the Dräger Breathalyser Test has highlighted the importance of having a reliable and effective way to check if a motorist has been drinking. However, motorists should not view this case as a way of avoiding a penalty as insurers employ various measures to tackle the issue of drunk driving.
Helen Szemerei, CEO of IntegriSure, says the South African insurance industry does recognize the result of breathalyser tests, but says more evidence is often required in order to repudiate an insurance claim. "If a breathalyser test shows a motorist has exceeded the legal limit of alcohol, the police should request a blood test as soon as possible. If this result is also positive then this will often be conclusive enough for a claim to be repudiated."
Szemerei says, however, that some insurance underwriters only require the results of a breathalyser test in order to reach a decision regarding the repudiation of a claim. "Even if a blood test is not taken, a written statement from a traffic officer at the scene indicating that the driver appeared intoxicated is also acceptable for some insurer’s to reject a claim."
She says some insurance companies have even become increasingly strict regarding drunk driving cases and have gone so far as to source CCTV footage of a claimant in a restaurant or bar prior to the accident to ascertain whether they have in fact drunk more than they admitted.
"Motorists should also be aware that having a claim repudiated as a result of drinking and driving, or a judgement served of any nature that is indicative of unacceptable driver behaviour, is likely to impact significantly on that person’s ability to find insurance in the future. Many consumers don’t realise that insurance companies share information with each other, so drinking and driving can also potentially jeopardize one’s ability to be insured by other providers in the marketplace."
Research used by the Arrive Alive campaign has indicated that 50% of the people who die on the roads in South Africa have a blood alcohol concentration above the legal limit of 0.05 gram per 100 milliliters.
Szemerei says the recent call to impose a zero tolerance approach on drink driving in South Africa should be given serious consideration, as it would eliminate any confusion over legal alcohol limits and should also help to improve road safety standards by reducing the number of fatal accidents on the roads. "Drunk drivers tend to disobey the rules of the road and believe that they are immune to any danger by taking unnecessary risks such as speeding, not wearing seatbelts and skipping red robots."
"Drunk driving has become a socially acceptable practice in South Africa and while the repudiation of an insurance claim for someone who drives under the influence is the least of the dangers involved, it is important that motorists realise the implications from both a financial and safety perspective as this may provide some form of deterrent in the future."
Media enquiries: Bruce Nortje – bruce@integrisure.co.za or 076 264 0784