| Unroadworthy vehicles are accidents waiting to | | | | While you may not feel compelled to fix that faulty |
| happen. | | | | windscreen wiper on a clear and sunny day, what |
| Most car insurance policies include exclusion clauses | | | | happens if you're driving behind a truck transporting a |
| specifying that the insurance company won't pay out | | | | liquid product and the rear door bursts open covering |
| if a vehicle is unroadworthy. In practice, what this | | | | your car in milk. |
| means is that your insurer can refuse to settle a | | | | Far fetched? Insurance is about risk; about covering |
| claim for replacement or repair if it can be proved | | | | yourself for the possibility, not the probability that an |
| the accident occurred because the vehicle was | | | | incident occurs for which you were not prepared and |
| unroadworthy. So, read the fine print of your | | | | could not avoid. |
| insurance policy document. | | | | But before you check your windscreen wipers, check |
| In the past, the Insurance Ombudsman has ruled that | | | | your tires. Tire wear is one of the most common |
| if the accident was not caused by the | | | | causes of accidents; flat or damaged tires with |
| unroadworthiness of the vehicle, the insurer is | | | | insufficient tread are a safety risk. Flat tires and |
| reasonably compelled to pay up, e.g., if your vehicle is | | | | damage to your vehicle caused by wear and tear are |
| driven into while you are stationary at the traffic | | | | uninsurable. |
| lights but your tire treads are not what they should | | | | Generally, cars need at least 1mm across the entire |
| be or your windscreen wipers aren't working, your | | | | width of the tire; remember this small area of tread |
| insurer should still cough up, even though the | | | | is the only thing between you and the road; coupled |
| insurance company has explicitly stated they are not | | | | with a heavy load, you can see why it is important |
| liable if the vehicle is unroadworthy. | | | | to keep tires well pumped. |
| (Don't forget to speak to your direct insurer or | | | | I read recently on the internet that an insurer |
| broker about this when you take out the policy in | | | | disclaimed a policyholder's claim because one of his |
| the first place.) | | | | truck's 22 tires was bald. The policyholder challenged |
| Let's take another example. If your pedal rubbers are | | | | the insurer in court but the court held that there is |
| worn and you fail to brake in time to avoid a collision, | | | | no degree of unroadworthiness; a vehicle is either |
| you will most definitely be liable for the accident. | | | | roadworthy or not. Clearly, from the examples |
| Worn pedals render your vehicle unroadworthy and if | | | | mentioned above, the onus is on the ombudsman to |
| there is even the vaguest chance that your foot | | | | decide whether the CAUSE of the accident was due |
| may have slipped due to your own negligence in | | | | to the unroadworthiness of the vehicle; that it is |
| keeping your car roadworthy, your insurance | | | | unroadworthy is clear cut. |
| company is well within its rights not to pay your | | | | I did have a giggle at the description by a member of |
| claim. | | | | a road safety campaign organisation, Arrive Alive, of |
| It's common sense, from a safety point of view, to | | | | the most unroadworthy vehicle he had come across. |
| keep your car in a roadworthy condition. Any | | | | Apparently the car had no petrol tank, instead a |
| mechanic will be able to advice you on this, or go | | | | container filled with petrol on the passenger's seat, |
| down to your local roadworthy centre and request a | | | | no accelerator, indicators or lights, with none of the |
| list of issues you need to comply with in order to | | | | electrically operated parts working! Definitely a case |
| keep your vehicle roadworthy. This is especially true | | | | of an accident waiting to happen. |
| if you drive an older car. | | | | |