Orpha, here’s a repost of some research I did a few weeks ago:

There is a lot of discussion on this site about problems getting an impaired loved one to stop driving. Usually, the focus of the discussion is that the driver (typically male) refuses to give up the “right” to drive. The driver will often go to great lengths to get the car keys and drive off quietly in the night. The caregiver goes to equal lengths of trickery to prevent that situation from happening.

However, the focus on the conflict between the caregiver and the patient ignores an equally important problem - financial liability in the event of an accident. If a driver who has been diagnosed with dementia has an accident, are the “rules” for determining liability the same as they are for a non-impaired driver? Probably not.

There are actually two separate questions to be answered: 1) will the driver’s auto insurance company process the claim normally if they learn, after-the-fact, that the driver was impaired by dementia? 2) will the driver be deemed to be in violation of state motor vehicle laws by failing to have their driving skills recertified upon learning of their impairment by dementia? Auto insurance company policies vary by company and state driving regulations vary by state - so, no easy answer to these questions is possible.

I read my own auto insurance policy (GEICO), but I did not find any specific reference to dementia. I did find a clause stating that the insurer has the right to disallow any claim if they find out that the policyholder has failed to notify them of any “material fact” relevant to the claim. While material fact is not defined, I believe that failure to notify the insurer that a driver covered by the policy is driving after being diagnosed with dementia would be a material fact if an accident occurred.

Regarding state laws relating to driver recertification, there are many differences. California, for example, requires doctors to notify the state DMV when a patient is diagnosed as having dementia. Other states have no specific laws mandating driver recertification.

Here is a link to a website that has brief information on driver recertification by state.

https://www.dementiacarecentral.com/caregiverin....

Like the TV series “Hill Street Blues,” I have to say “Let’s be careful out there.” Make sure you know your potential financial liabilities when dealing with a potentially unsafedriver.

After the Doc told Hubby he could no longer drive we had to hide the keys. Seemed after we hid the keys Hubby has less desire to drive. Out of sight out of mind.

My Husband's license has been also revoked. Before that happened I called the insurance company and got a $2 million dollar rider on our insurance. We have now cancelled his insurance but I kept the rider. I don't know where you live but in some state if they are stopped, the state can take the car and you will have to pay impounding fees, and all the costs to pick up the car and haul it away. Can get expensive. Hide your keys so he doesn't decide to drive one day and not tell you. Call your insurance company and find out what they say.

Also if your loved one is in an accident, and your loved one says something to the police that doesn't make sense, the other people involved might assume he has dementia. Then you are looking at them possibly suing you and taking everything you have - everything! And why I got a two million dollar rider.

My main concern was that my husband would cause an accident an injure or kill himself or someone else. As soon as I noticed he was having trouble driving I took his keys and hid them and told him it was not safe for him to drive anymore. He didn’t like it but he eventually got over it. I felt it was the most responsible thing I could do.

Thank you. A rider is something I’ll look into.