Does drinking affect your travel insurance

[notthedash]

Recently I had to call a travel insurance company on behalf of a friend who had injured herself on holidays. When I was giving the details about the incident, one of the questions was 'had she been drinking?'. Afterward I got to thinking, would that make a difference? Some time later I checked the fine print in the travel insurance, and it did make mention of possibly not paying claims where alcohol was involved (don't recall the exact words). Is this the case with all insurance policies, or just the one my friend had? (which all turned out fine - they sorted our her claim no problems)

 

[Mal]

A lot of policies won't pay out if the affected person was 'under the influence of alcohol or a drug' or similar clauses.

It is quite an interesting fine point often used.

 

[NYCguy]

A lot of policies won't pay out if the affected person was 'under the influence of alcohol or a drug' or similar clauses.

It is quite an interesting fine point often used.

Indeed. This sort of thing is common in insurance policies - my life and income-protection contracts won't pay if I'm drunk, stoned, etc. Just as well it's been 10 years since I last got really wasted...

 

[tuapekastar]

A lot of policies won't pay out if the affected person was 'under the influence of alcohol or a drug' or similar clauses.

It is quite an interesting fine point often used.

Bit of a minefield I'd say, if such a broad definition was used. One beer and you're 'under the influence'? Suppose they could use the drink-driving limits but how do you measure the person? And drink-driving limits differ.

Could also be related to the activity. If you decide to go mountain climbing (maybe not covered anyway, but lets pretend it is) and were imbibing all night till 4AM, for a 5AM start, then I could see why they (quite reasonably) wouldn't want to cover you.

OTOH, if you've had a couple of wines at lunch (still legal to drive) and trip outside the restaurant and snap your achilles tendon, and they invoke the 'under the influence' clause to deny the claim, then that is just a copout.

The appropriate repsonse to the question would be 'no', which removes any doubt.

 

[Mal]

Bit of a minefield I'd say, if such a broad definition was used. One beer and you're 'under the influence'? Suppose they could use the drink-driving limits but how do you measure the person? And drink-driving limits differ.

Yeah it is, for example one insurance policy (QBE travel)

11. Any claim arising directly or indirectly as a result of a member of the travelling party:
(a) deliberately injures themself; or
(b) being under the influence of, or is addicted to, intoxicating liquor or a drug,
except a drug taken in accordance with the advice of a registered medical
practitioner; or
(c) suffers any mental illness including dementia, depression, anxiety, stress, bipolar,
mania, schizophrenia or other nervous disorder; or
(d) suffers HIV with AIDS related infection or illness.

Note the Hertz contracts:

"Prohibited People

The following people must never drive the Vehicle or otherwise be in control of the Vehicle:

· any person who is Intoxicated by any substance; or
· any person other than an Authorised Driver."

etc etc.

Realistically, I believe these clauses are there to allow insurers etc the ability to deny claims in certain situations, not particularly to stop people having a few drinks.

Under the influence does differ in various legal terms.

 

[Keith009]

I might as well not bother with insurance in future then...:-|

Then again I've only really used insurance for delayed luggage. Only time I've used it for other things is that little incident with the crab/lobster in LA.

 

[hayden]

Maybe there's a business opportunity to provide insurance cover to people who are drunk as a supplement to their existing cover - although i'd say you'd need to have pretty high premiums!

 

[JohnK]

A lot of policies won't pay out if the affected person was 'under the influence of alcohol or a drug' or similar clauses.

You and I have had this discussion a number of times and I don't think I am any closer to a definitive answer.

If someone has had any alcoholic drink, say a midi of light beer, are they considered to be "under the influence of alcohol" or is the legal interpretation, similar to being in control of machinery, used?