How drinking and driving could void your South African car insurance
Planning a festive braai? Read this first. Think your insurance will pay out as long as there’s no breathalyser test? Think again. The National Financial Ombud is seeing a surge in rejected claims, and the 'proof' insurers use might surprise you.
We all know the South African holiday spirit involves braais, parties, and catching up with friends. But this season, the National Financial Ombud (NFO) [https://nfosa.co.za/] is issuing a stern warning to our community: the biggest hangover isn’t the headache the next morning; it’s having your car insurance claim rejected.
The myth of the breathalyser
Many locals believe that if the police don’t take a blood sample or a breathalyser test, their insurance must pay out. This is a dangerous misconception.
Read more: Johannesburg strengthens festive season safety with tech, data and rapid response
According to Edite Teixeira-Mckinon of the NFO, insurance claims are civil matters. Unlike a criminal case, your insurer doesn’t have to prove ‘beyond a reasonable doubt’ that you were drunk.
They only need to show it was likely (on a ‘balance of probabilities’).
The evidence you didn’t know they had
Insurers are getting tech-savvy. Even without a blood test, they can reject your claim using:
- Tracking data and cellphones: Your car’s tracker or Google Maps can prove you were at a pub or shebeen when you claimed to be at home.
- Bank statements: Yes, your bank records showing a round of drinks purchased minutes before the crash can be used against you.
- Social evidence: Statements from tow truck drivers, car guards, or paramedics who smell alcohol or notice ‘agitated’ behaviour.
- The ‘runaway’ clause: Leaving the scene of an accident is often an automatic reason for rejection.
Also read: RMI urges South Africans to take responsibility on the roads this festive season
A costly lesson
The NFO recently upheld a case where a driver claimed he only had one beer after shooting practice. However, the attending doctor noted he reeked of alcohol and was ‘clinically intoxicated.’ Despite the driver’s excuses (claiming he used hand sanitiser and drank brandy after the crash), the claim was rejected.
The bottom line: If your claim is rejected because of alcohol, you aren’t just responsible for your own repairs; you are personally liable for the damages to the other person’s car, too. That could be a debt that follows you for years.
This December, keep the festivities safe.
If you’re going to a braai or the local pub, call a shuttle or use a ride-sharing app. It’s much cheaper than losing your cover.
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