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Driving after curfew hours cannot be grounds for an invalid claim. Photo: Getty
- Driving outside curfew hours in South Africa is illegal if you are not performing an essential service or if you are not treating a medical emergency.
- But if you break the law and have an accident, your insurer must still honor your claim.
- For more stories, visit www.BusinessInsider.co.za.
Driving outside of government-stipulated curfew hours may be illegal if you are not in possession of a permit, but that should not be the reason why your car insurer will not honor your claim should it be seen. involved in an accident.
New regulations were introduced this month, including an extended curfew from 11:00 PM to 4:00 AM outside hotspots and 10 PM at hotspots, to help limit the spread of the coronavirus. You are not allowed to leave your place of residence during this time.
The only exceptions are for those who have “been granted permission through instructions from the relevant cabinet member or have a permit” to perform an essential service. Those attending a medical or security emergency can also go outside of curfew.
Indeed, driving outside of curfew hours for other reasons is illegal. But if you have an accident, you can still claim your insurance.
Customer experience partner and head of the King Price insurance legal team, Wynand van Vuuren, said that if an insurance policy does not specifically exclude any coverage for damage caused by an accident after curfew, insurers do not they can reject a customer’s claim.
“While you are not allowed to drive after blackout hours without a permit, that in and of itself is no reason for an insurer to reject your claim, as it does not materially affect your risk,” van Vuuren said.
Consumers should be aware of the “causal link” principle, which means that the reason the insurer rejects a claim must be directly related to the cause of the accident.
“For example, all insurance policies state that your vehicle must always be in driving condition. But if your tires are worn and someone hits you at an intersection while you are stopped, an insurer cannot deny your claim, as there was no ‘causal link’ between the worn tires and the accident, ”said Van Vuuren.
Old Mutual Insure, whose iwyze brand offers auto insurance, said it recognizes that both essential and non-essential workers with or without valid permits may need to use their vehicles during emergency curfew periods.
“(We) are committed to treating each motor claim we receive on its merits without applying general acceptances or rejections that do not consider the details or fairness of each case. Meanwhile, Old Mutual Insure encourages all policyholders to adhere as closely as possible to official guidelines on social distancing, including the current travel curfew, “the company said.
(Compiled by Ntando Thukwana)
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