WeeklySA_AdminRené Morse National Claims Manager at One Insurance Managers said they stand by their decision to reject this claim as the insured failed to ensure that her truck and interlink trailers, involved in an accident giving rise to a claim, were roadworthy in line with the Road Traffic Act 93 of 1996.
She said they conducted all the necessary inspections and also got a detailed expert report. Which concluded that the brake system failed to comply with the Road Traffic Act. She said their expert further found that the brake system failed to comply with the SABS standard for the testing of motor vehicle roadworthiness.
“A brake required in terms of these regulations, should be in good working order and condition whenever the vehicle to which it is fitted is operated on a public road,” said Morse. She said the claim is generally rejected if any part of the braking system is missing or is cracked, fractured, damaged, distorted, loose or excessively worn. She said the claim could also be rejected if lining pads or discs are excessively worn out.
Considering the above, the claim was rejected based on the Specific Exceptions in the Insurance Policy which read : -“ If your vehicle or any other vehicle forming part of a combination of vehicles together with an insured vehicle at the time of any accident giving rise to a claim in terms of this policy, is found to be in a state or condition which is not roadworthy or does not comply with Part II of the regulations and standards promulgated in terms of the National Road Traffic Act 93 1996 (as amended) then all benefits under this policy shall be forfeited’’.
