How does the quality of your driving affect your car insurance claim? On the roads it often becomes apparent that we are not equal – perhaps so when reflecting on Human Rights – but not so when it comes to driving ability!!

Fortunately for many vehicle owners the car insurers do not drive with them before issuing a car insurance policy. All that the car insurers have available to them is information as to driving experience, previous accident record and insight with regards to traffic violations. Much of these have to be disclosed by the vehicle owner and there is no measure of “Are you a good driver?”

We would like to reflect on the above question by referring to a decision from the Ombudsman. The question presented to the Ombudsman was whether the lack of due care – i.e. the failure to prevent the vehicle accident claim on account of poor driving – would justify the decision to reject the car insurance claim….

Onus on insurer to prove lack of due care

The Insured obtained her Driver’s Licence on 22nd July 2004 and eleven months later, i.e. on 17th June 2005 and at 08h00, she was on her way to work. Her inexperience in driving was manifested in that she drove too closely behind a truck, which in her words, “stopped abruptly” and to avoid a collision with the back of the truck, she decided to enter the intersection and collided with a vehicle travelling in the opposite direction which was turning right.

When the Insured entered the intersection, the traffic light had already turned red against her. The Insurer rejected the claim on the ground that the Insured failed to exercise due care and the action taken was in their view grossly negligent.

Ombudsman’s reponse

The Ombudsman referred the Insurer to the well-known case of Santam Limited versus CC Designing CC 1994 SA 199, and in the unreported judgement of Stax Masango and Lloyd’s of London, where it is stated that the onus is on the Insurer to prove that the Insured’s “conduct was such that the one would conclude that he recognised the dangers to which he was exposed and deliberately courted them by taking measures, which he himself knew were inadequate to avert them or about the adequacy of which he simply did not care, in the knowledge that he was insured”.

Under threat of a ruling the claim was settled.

[Source: Ombudsman's Briefcase Issue No. 02/2006]

Your car insurance claim would as a result not be fairly rejected simply because you are a bad driver. This will however have a significant effect on your car insurance premium if you are involved in several vehicle accidents. Not only will your premium increase sharply – but the car insurer could decide not to provide a specific high risk driver with car insurance cover!!

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