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I am driving now when the two of us are together. He drives himself now. Our Dr. said he could drive, but not at night and on the expressway what protection will that give us. Will that change when he takes the driving test and passes.
The simple answer is that there is no protection from legal action if anyone is involved in an accident that injures someone or causes property damage. You have insurance to cover your liability, but if a police report states that you are responsible for the incident then even your coverage may be limited. The doctor may say he is physically capable of driving with some restrictions but the doctor isn't responsible for an individual's actions. There is no 'protection'.
Happysun405 -- Like 97yroldmom, I don't understand what you are asking about protection. In any case, my answer is no, your husband shouldn't be driving. You are not protected from the strong possibility that Parkinson's may have affected his response time, and that he will be injured, injure other people, or be killed. I speak from experience. My husband, who had Parkinson's, totaled our station wagon when a driver ran a red light and plowed into our vehicle. If there had been rear seat passengers in our vehicle, they would have been killed. At the moment of the crash, my husband was making a legal left turn into a driveway on a four lane street. There were arrows indicating that the turn was legal, but I would never have turned under those circumstances. I reported the incident to our state, which demanded a driving test. My husband passed the test, and I lived in fear until he was no longer able to drive. Do what you can to prevent him from driving.
If there is ANY doubt then your husband should not be driving. If the doctor sends in the paperwork a restriction can be placed on the license but what happens if there is an accident and it happened to be an over cast or cloudy day and a lawyer uses that as the same as dim light or dusk driving. Then I am sure there would be problems. Same with a snowy day or rainy day with cloud coverage. It just is not worth the risk. Not just financially but there is the very real possibility that your husband could get killed in an accident as well as any passengers not to mention pedestrians or someone in another vehicle. It just is not worth the risk. Do not renew the license. Get him a State ID. But do NOT remove him from your insurance policy. I say that only because if he should happen to get the car keys and drive you do want the insurance protection.
I tried for six months to get my Mom to stop my Dad from driving and she just wouldn't do it. Fortunately, he did not have an accident but he did turn up the wrong side of a four-lane highway into oncoming traffic. A close call. If you want to endanger your life and/or his, that is your choice. However, when doing so endangers all those around you, which it does, it is not a good choice. It would be bad enough if he died during an accident. But if he killed someone else, could you live with that?
I think the poster is asking if they are protected from lawsuits if he passes the driving test and follows the Docs directions as far as not driving at night or on expressways. In other-words, since those perceived in positions of power (The Doc and the Government DMV) say he could drive as long as he follows certain recommendations then he can't be held negligent, right?
The way I see it, that will be up to a Judge or Jury to decide if he should find himself in court because of an accident he caused and I'm betting that the answer what the Doc or the DMV says is going to be a very flimsy shield. What if he found himself before a Judge or Jury because someone had died, or been seriously injured in an accident caused by him? Whether his Parkinson's was the reason or not, if he ran the red light or stop sign, if he crossed the double yellow line, if he failed to stop for a pedestrian in time, etc, etc... he would be liable and If either you or someone else were seriously injured or killed I'm sure it would be horrible for both you and him or for anyone else involved.
There is much on this site about how to help a loved one give up the keys...it won't be easy, but it's being done all the time. That time will come to most of us if we live long enough. We won't want to do it either since, in most cases, it means giving up our independence. Only those living in big cities with mass transit can truly live independent lives without a driver's license. So be gentle and understanding as you try to convince your husband to give up his lifelong independence. Good Luck!
Some conditions, such as epilepsy, parkinsons, and others, require many or strong medications that make driving at any age, at any stage of the illness really dangerous, and contraindicated. If you want protection, continue to protect the patienf by driving him around. imo.
Mostly, I am sympathetic when it comes to the drivers rights to keep driving as long as possible. Standing in line at the DMV will help lighten up one's perspective about who is allowed a license to drive, and I am not talkibg about seniors
My test is: If you yourself are afraid to ride in a car with him driving, then prevent him from driving and endangering the public, any legal way you can.
Happysun405: My FIL, who suffered from Parkinsonism, was still driving when he shouldn't have been. Here's why: He had stopped to get gas and was oblivious to the man approaching him. The man's words to my FIL were "sir, did you know that you almost killed my son and I back on the road?" My FIL had apparently cut them off and was not even aware of it! Shortly thereafter he was in an accident and totalled his car. My step MIL said "no more car." Another story off subject of Parkinsonism is that I know a woman who was still driving (but now is in an NH). But when she was (and my late mother was a passenger in her car), this woman came to a four way intersection with stop signs on 2 of the roads-she uttered the unbelievable words "I don't care who's coming, I'm going to go (drive) when I want to!" I told my mother that is the last time you are getting in D's car!
I have looked at your question a couple of times but don't understand what you are asking about protection? Do you mean by insurance? Are you asking if you can ignore your dr in regard to night driving and express way driving if he passes the driving test? It's hard to make changes in driving but it sounds necessary due to his condition and for the safety of all concerned. I'm sorry if I didn't understand your question properly. Give us a few more details.
Doctors give all kinds of advise that people don't take. If your husband takes the test and passes then he can drive. But the doctor is saying that he has problems in dim light, his eyes may not be able to move fast enough to keep himself safe. Rigidity can result in jerky motions while steering. Slow movement can interfere with braking in heavy traffic or ability to quickly react to road hazards. After his first accident where his condition is at fault, he may lose his license, or have to have high-risk car insurance.
I have to agree with Dustien. A judge and jury won't really care what the DMV driving test has said. They will care that the doctor told him not to drive in certain circumstances. Remember, if the insurance is not sufficient to cover the losses then you could lose all your assets and your home. For example, if the jury awards the family of a person or people that he kills in an accident 10 million dollars, and your insurance covers 1 million...then the 9 million will come from your assets. You would lose everything...and it doesn't matter that the assets are jointly owned...as jointly owned they are considered 100% his in the case of a lawsuit.
Knowing that, I hope you will keep him off the road. Though I personally think that the idea that he could kill someone should be more than enough to keep him off the road.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
If the doctor sends in the paperwork a restriction can be placed on the license but what happens if there is an accident and it happened to be an over cast or cloudy day and a lawyer uses that as the same as dim light or dusk driving. Then I am sure there would be problems. Same with a snowy day or rainy day with cloud coverage. It just is not worth the risk.
Not just financially but there is the very real possibility that your husband could get killed in an accident as well as any passengers not to mention pedestrians or someone in another vehicle.
It just is not worth the risk.
Do not renew the license. Get him a State ID. But do NOT remove him from your insurance policy. I say that only because if he should happen to get the car keys and drive you do want the insurance protection.
The way I see it, that will be up to a Judge or Jury to decide if he should find himself in court because of an accident he caused and I'm betting that the answer what the Doc or the DMV says is going to be a very flimsy shield. What if he found himself before a Judge or Jury because someone had died, or been seriously injured in an accident caused by him? Whether his Parkinson's was the reason or not, if he ran the red light or stop sign, if he crossed the double yellow line, if he failed to stop for a pedestrian in time, etc, etc... he would be liable and If either you or someone else were seriously injured or killed I'm sure it would be horrible for both you and him or for anyone else involved.
There is much on this site about how to help a loved one give up the keys...it won't be easy, but it's being done all the time. That time will come to most of us if we live long enough. We won't want to do it either since, in most cases, it means giving up our independence. Only those living in big cities with mass transit can truly live independent lives without a driver's license. So be gentle and understanding as you try to convince your husband to give up his lifelong independence. Good Luck!
If you want protection, continue to protect the patienf by driving him around. imo.
Mostly, I am sympathetic when it comes to the drivers rights to keep driving as long as possible. Standing in line at the DMV will help lighten up one's perspective about who is allowed a license to drive, and I am not talkibg about seniors
My test is: If you yourself are afraid to ride in a car with him driving, then prevent him from driving and endangering the public, any legal way you can.
...
Knowing that, I hope you will keep him off the road. Though I personally think that the idea that he could kill someone should be more than enough to keep him off the road.
Angel
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