20 Jan Driving under the influence

Posted at 13:15h in News Articles 2026 by

Drunk driving remains a leading cause of road deaths in South Africa, which has one of the highest alcohol-related vehicle accident rates in the world.

Authorities report that during the recent festive season, ahead of the Christmas Day and Day of Goodwill holidays, the number of people arrested for violating traffic laws since the start of December 2025 had increased by 16.2% compared to the same period the previous year, probably due to intensified law enforcement operations being conducted nationwide.

In addition to the risks that driving under the influence of alcohol or drugs poses to all road users (including those under the influence), it could also affect your insurance cover.

Within the first few days of this year, the Non-life Insurance Division of the National Financial Ombud Scheme (NFO) reported that it was seeing a spike in complaints where motor vehicle accident claims were rejected by an insurer because the driver was found to be under the influence of alcohol or another intoxicating substance that affected their ability to drive safely.

Edite Teixeira-Mckinon, who is the lead ombud of the non-life insurance division of the NFO, says that the biggest misconception amongst complainants who approach the NFO is that an insurer relies solely on the outcome of blood/alcohol or breathalyser tests when making a decision whether to accept or reject a claim. Instead, a broader consideration of the situation and evidence applies.

She explains that a claim against the insurer is a civil claim, and, unlike in criminal proceedings, the insurer is only required to demonstrate on a balance of probabilities that the insured drove the vehicle whilst under the influence of an intoxicating substance, a less substantial burden of proof. The insurer may rely on other evidence to reject a claim on this basis. This may vary from case to case but could include:

  • Evidence of witnesses at the accident scene, including the police, tow truck drivers, and ambulance/emergency services personnel;
  • Where the driver was before the accident occurred, for example, if they were at a party, bar, or similar place where consuming alcohol is the norm;
  • Whether the vehicle tracking data and cellphone records of the complainant appear to contradict their version of their whereabouts prior to the accident;
  • Considering credit card slips that show that the complainant purchased alcohol in the hours before the accident;
  • CCTV footage;
  • Whether the driver unlawfully left the scene of the accident (some policies exclude cover where the insured unlawfully leaves the accident scene).

Bennie Boshoff, General Manager: Insurance at Safire says, “To be found to have been driving under the influence of alcohol, drugs, or even certain over-the-counter or prescription medication could have serious legal and financial consequences following a motor vehicle accident. The financial impact of not being covered by your insurance – and being held personally liable for damage to your own vehicle as well as to the property and vehicles of other parties – can be substantial and could run into hundreds of thousands of rand, or more. Quite simply, it is a risk that is never worth taking.”

Note that impairment is not limited to illegal substances or alcohol. A driver’s ability to operate a vehicle safely can be affected by certain prescription and over-the-counter medications. Common cold and ‘flu remedies, antihistamines, cough mixtures, painkillers, and some motion-sickness and sleep medications can cause drowsiness, slower reaction times, blurred vision, dizziness, and reduced concentration. Even when taken as directed, these side effects may significantly impair driving ability. Motorists should always read warning labels carefully and avoid driving if a medicine indicates that it may cause drowsiness or affect alertness. From an insurance perspective, knowingly driving while impaired by medication may, depending on the circumstances and policy wording, also place cover at risk or give rise to claim disputes.

Please note: The information contained in this article is not offered as ‘advice’ in terms of the Financial Advisory and Intermediary Services Act 2002 as amended, and policyholders should consult with their intermediaries and the policy wording so as to ensure a full and complete understanding of the cover offered to them in terms of the Safire policy of insurance.