The Non-life Insurance Division (NFO) has warned motorists to ensure their cars are roadworthy, as this could impact their claims following an incident.

The organisation emphasised the importance of proper care and maintenance of vehicles. It stated that generally, insurance companies provide cover on the condition that the insured party takes reasonable steps to prevent harm.

The Non-life Insurance Division of the National Financial Ombud Scheme (NFO) cautioned that insurers may deny claims or limit payouts if they determine that poor vehicle maintenance contributed to an incident. It stated that the law requires all vehicles on public roads to be roadworthy, and insurers have the right to reject a claim if a vehicle’s unroadworthiness contributes to an incident.

This means vehicle owners bear significant responsibility for maintaining their vehicles in a roadworthy condition. South Africa records thousands of road fatalities annually, with many linked to vehicle defects that could have been addressed. Making roadworthiness a condition for insurance is not just about reducing insurers’ exposure to unwanted risks; it’s also about protecting lives, the NFO said.

Tyres and brake systems that do not meet the minimum requirements of roadworthiness may result in an insurer repudiating a claim. Maintaining the vehicle’s brakes and ensuring that the tyres comply with the National Road Traffic Act are among the minimum roadworthiness requirements.

According to her, faulty brakes and unroadworthy tyres are the most common reasons relied on by insurers to reject accident claims on the grounds that the vehicle was not roadworthy. In respect of vehicle unroadworthiness, expert evidence is often relied on by insurers to demonstrate that the vehicle did not comply with the Act.

Teixeira-Mckinon cited a case study where the complainant claimed for accident damage after losing control of his vehicle and colliding with a pavement while driving through a puddle of water. The insurer’s expert found that the left rear tyre was unroadworthy, as the two inner tread wear indicators on the tyre were level with the remaining tread pattern of the tyre. The expert concluded that the worn left rear tyre could not disperse the amount of water which the front tyres were channeling towards the rear tyres. The driver subsequently lost his claim, and his complaint was also dismissed by the NFO.