- If your car is not in good condition, your insurer could refuse to pay, even if the accident was not your fault. A faulty car could wreck your insurance when you need it most.
- Insurers cannot just point to a problem with your car. They have to show that it actually caused the accident.
- Looking after your car is not just smart. It is the law and part of your insurance agreement.
Every time a vehicle enters public space, it enters into a silent contract not just with the driver but also with the insurer and the law. That contract depends on one simple condition. The vehicle must be safe, legal, and roadworthy. When it is not, the risks multiply for the driver and for everyone else on the road.
South Africa records thousands of road fatalities every year. Many of these are linked to vehicle defects that could have been prevented. The National Road Traffic Act 93 of 1996 sets out minimum standards for tyres, brakes, and other important systems. Yet, many vehicles on the road today do not meet these standards. This exposes owners to legal and financial trouble.
Edite Teixeira-Mckinon, Lead Ombud at the National Financial Ombud Scheme, puts it bluntly: “If you don’t keep your car in a safe and roadworthy condition, you are putting yourself, your passengers, and other road users at risk. You’re also putting your insurance cover in danger.” She adds, “Insurers are within their rights to reject claims or limit payouts if poor maintenance played a role in the incident.”
When defects become denials
Teixeira-Mckinon explains, “Most insurance policies require you to take reasonable steps to prevent harm. If your car is found to be unroadworthy at the time of an incident, and that problem is material to what happened, the insurer may refuse your claim.”
For example, in one case, a driver lost control of his car after driving through a puddle. Experts found that the left rear tyre was unroadworthy. The tread wear indicators were level with the rest of the tread, which broke the law. Because the tyre could not move water away, the car aquaplaned and the driver lost control. “The Ombud agreed with the insurer that the bad tyre caused the accident, so the claim was denied,” says Teixeira-Mckinon.
Not every defect means your claim will be rejected. In another case, a car swerved to avoid a pothole and rolled onto its side. The insurer pointed out that the brake shoes were worn and the rear brake disc was in poor shape. But the Ombud found no proof that the brakes were used or caused the accident. “If there’s no link between the vehicle defect and the accident, we cannot allow the insurer to reject the claim,” Teixeira-Mckinon explains.
These examples highlight something important. As Teixeira-Mckinon says, “Insurers must prove that the defect actually mattered in the incident. Just having an unroadworthy car is not enough.”
Maintenance is a legal and contractual Duty
Teixeira-Mckinon urges all car owners to check their vehicles regularly and follow the maintenance schedule set by the manufacturer. “Faulty brakes and worn tyres are the most common reasons for insurers to reject claims,” she says. “But beyond the risk of losing money, ignoring the condition of your car puts lives at risk and goes against public safety.”
“Making sure your car is roadworthy is not only a legal requirement. It is also part of your insurance contract,” she adds.
Drivers who do not keep their cars roadworthy might have to pay for their own repairs and for damage to other people’s vehicles or property. In a country already struggling with high accident rates and limited public resources, keeping your car safe is more than a personal responsibility. If you let a faulty car wreck your insurance, you could end up without help when you need it most. As Teixeira-Mckinon reminds us, “It is something you owe to the whole community.”
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