Unroadworthy Vehicles and Insurance Claims

Unroadworthy vehicles are accidents waiting to happen.

Most car insurance policies include exclusion clauses specifying that the insurance company won't pay out if a vehicle is unroadworthy. In practice, what this means is that your insurer can refuse to settle a claim for replacement or repair if it can be proved the accident occurred because the vehicle was unroadworthy. So, read the fine print of your insurance policy document.

In the past, the Insurance Ombudsman has ruled that if the accident was not caused by the unroadworthiness of the vehicle, the insurer is reasonably compelled to pay up, e.g., if your vehicle is driven into while you are stationary at the traffic lights but your tire treads are not what they should be or your windscreen wipers aren't working, your insurer should still cough up, even though the insurance company has explicitly stated they are not liable if the vehicle is unroadworthy.

(Don't forget to speak to your direct insurer or broker about this when you take out the policy in the first place.)

Let's take another example. If your pedal rubbers are worn and you fail to brake in time to avoid a collision, you will most definitely be liable for the accident. Worn pedals render your vehicle unroadworthy and if there is even the vaguest chance that your foot may have slipped due to your own negligence in keeping your car roadworthy, your insurance company is well within its rights not to pay your claim.

It's common sense, from a safety point of view, to keep your car in a roadworthy condition. Any mechanic will be able to advice you on this, or go down to your local roadworthy centre and request a list of issues you need to comply with in order to keep your vehicle roadworthy. This is especially true if you drive an older car.

While you may not feel compelled to fix that faulty windscreen wiper on a clear and sunny day, what happens if you're driving behind a truck transporting a liquid product and the rear door bursts open covering your car in milk.

Far fetched? Insurance is about risk; about covering yourself for the possibility, not the probability that an incident occurs for which you were not prepared and could not avoid.

But before you check your windscreen wipers, check your tires. Tire wear is one of the most common causes of accidents; flat or damaged tires with insufficient tread are a safety risk. Flat tires and damage to your vehicle caused by wear and tear are uninsurable.

Generally, cars need at least 1mm across the entire width of the tire; remember this small area of tread is the only thing between you and the road; coupled with a heavy load, you can see why it is important to keep tires well pumped.

I read recently on the internet that an insurer disclaimed a policyholder's claim because one of his truck's 22 tires was bald. The policyholder challenged the insurer in court but the court held that there is no degree of unroadworthiness; a vehicle is either roadworthy or not. Clearly, from the examples mentioned above, the onus is on the ombudsman to decide whether the CAUSE of the accident was due to the unroadworthiness of the vehicle; that it is unroadworthy is clear cut.