hi all,happy new year,my question is,bro in law feel asleep at the wheel last night,hes ok,car is not,no other cars involved,nobody hurt,only power pole and car hurt,was towing a trailer,car and trailer fully legel,insurance company are saying they may not pay out as he feel asleep,can they do that,cheers fr any info
truckr,
Dec 31, 7:22pm
it could be possible as he broke the law by losing control of the car. good he's not hurt though and hope he gets payed out insurance company's will use anything to wriggle out of paying out on a claim.
vtecintegra,
Dec 31, 7:25pm
This could describe every crash. What on earth is insurance for if that gives the company an out!
theram1,
Dec 31, 7:25pm
Driving while tired is as dangerous as driving drunk.
chevcamaro,
Dec 31, 7:30pm
i second that
vtecintegra,
Dec 31, 7:38pm
Anyway read the policy wording.
State (for example) has specific exclusions for drunk or drug affected driving but nothing about driving while tired
bitsy_boffin,
Dec 31, 7:43pm
He must have known he was tired (unless he was narcoleptic in which case he wouldn't have a licence anyway) and so he could have avoided the accident simply by pulling over and having a bit of a kip, in other words his deliberate inaction was directly causative of the accident which was entirely preventable if he had chosen to prevent it.
I'd say that there is room there for the insurance to decline the claim, but careful reading of the policy document in full would be required.
snork28,
Dec 31, 7:44pm
if your getting tired whilst driving stop and get some chewey lollies that last a long time,they will help to stop you from going to sleep.
scoobeey,
Dec 31, 7:48pm
He would have been blinking,yawning,slumping forward etc all common signs before shuteye and should have pulled over for catnap.Insurance co on these points will use negligence and rightly so good on them
truckr,
Dec 31, 7:56pm
what amazes me is this guys only worry is his car,his poor decision to drive tired could have killed someone ,
ofive,
Dec 31, 7:58pm
Driving this tired is worse than texting and driving.
elect70,
Dec 31, 8:09pm
Regardless of his actioncant see what grounds insurancewould decline paying . A secondsinnatetion &can crash, . Same as the BS about not paying out if rego or WOF expired, been proved in court they cant refuse unless its provedthe car wasunsafe at the time
vtecintegra,
Dec 31, 8:11pm
While I get what you're saying, the same argument could be used when talking about almost any accident
lookoutas,
Dec 31, 8:33pm
When I drive at 100 I can feel drowsy - at 130 I'm wide awake. And this is commonly known. They chose to make us drive at 100.
First rule is - don't ever own up to nodding off.
msigg,
Dec 31, 10:12pm
yes the insurance company may decline, they probably thought he was drinking , they may be trying to scare him a bit as well. Just claim and see what happens.
intrade,
Dec 31, 10:25pm
just change to you did not fall asleep or your sure you did not fall asleep as long as you wehre not drunk they cant proof if you fallen asleep.
wrong2,
Dec 31, 10:44pm
speeders pay attention
law abiders daydream
a generalisation thats more true than false
doomy999,
Jan 1, 1:02am
Wrong attitude.You couldnt have said anything more rediculous if you tried. If you are tired the answer is to pull over and have a sleep or let some one else drive.Trying to fight it is just dumb!.
I once woke up crossing the center line heading towards a line of 3 cars comming from the other direction. I would have gone head on in to the car comming the other way and taken out the two that were following close behind it. Something I'll never forget - I came so close to killing myself, my family and a few families that day, and all for the sake of not pulling over for a 10 minute nap. I too thought I was clever and could fight sleep. It's just not worth it!
ofive,
Jan 1, 1:14am
Some people have more fight in them doomy999
doomy999,
Jan 1, 1:29am
yes and some people have less intelligence too.
Over the years I have driven many times on the verge of falling asleep with out falling asleep and have made it to my destination ok. But I did learn eventually.
Out of all the times I have done it, there are a couple of times where I have almost come a cropper. Once was half a sleep on a 6 hour drive in the early hours of the a.m and had nearly made it to my destination. Without thinkingIpulled out in front of a truck.I was so tired I had lost concentration.I swear I could hear the ding as it just clipped my car.Nearly killed my self and my passenger that day. But I didnt learn. I kept doing it.
The last time I ever drove tired was the time I nearly wiped out 3 car loads of people.That for me was a huge wake up.
I too thought I was clever. I too thought I could fight sleep. You only have to screw up once for possibly severe consequences to happen.
Now if I feel tired, instead of fighting it I just pull over. A 10 minute power nap and Im away again. For the sake of 10 minutes is it really worth risking killing people! Really!
doomy999,
Jan 1, 1:29am
yes and some people have less intelligence too.
Over the years I have driven many times on the verge of falling asleep with out falling asleep and have made it to my destination ok. But I did learn eventually.
Out of all the times I have done it, there are a couple of times where I have almost come a cropper. Once was half a sleep on a 6 hour drive in the early hours of the a.m and had nearly made it to my destination. Without thinkingIpulled out in front of a truck.I was so tired I had lost concentration.I swear I could hear the ding as it just clipped my car.Nearly killed my self and my passenger that day. But I didnt learn. I kept doing it.
The last time I ever drove tired was the time I nearly wiped out 3 car loads of people.That for me was a huge wake up.
I too thought I was clever. I too thought I could fight sleep. You only have to screw up once!
Now if I feel tired, instead of fighting it I just pull over. A 10 minute power nap and Im away again. For the sake of 10 minutes is it really worth risking killing people! Really!
doomy999,
Jan 1, 1:38am
So do you think drunk driving is ok too! Driving while sleepy is just as bad as drunk driving if not worse! Are you really happy with sleepy drivers sharing the road with your family!
wow dats cool when you didnt even post before. You're good! lol
ofive,
Jan 1, 3:01am
Too easy
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