Hello Mabs

I recently hit a huge pothole while driving fast at night in an unfamiliar area. I panicked, thinking I was being followed. There was a loud thud and dashboard lights came on. However, I was nervous about being stranded in the dark and kept driving.

As I neared my destination, my car lost power, and the next day, I received devastating news—the engine needed replacing. I reported it to my insurance, and they sent an assessor to inspect the car. A week later, my claim was rejected, reason being that I hadn’t serviced the car after 15,000 kilometres.

I dispute this because the car’s dashboard didn’t notify me that it was due for service, as I was told it would by the salesperson when I bought it. The cost to replace the engine is around R65 000, which I can’t afford. I’m furious and want to challenge the insurance company. What are my rights?

Mabs Answers

This is a tough situation, especially in a country where safety is always a concern. I appreciate your honesty, as many tend to take the moral high ground and unfairly criticise insurance companies, ignoring their own mistakes. That said, I sympathise with your car troubles and the hefty cost of replacing your engine.

However, to be frank, you might have made a few errors that could lead your insurer to deny your claim. In my 20-plus years in the motor industry, I’ve heard plenty of misleading advice from eager salespeople, but relying solely on your car to inform you when it needs servicing is a new one. It’s your responsibility to know when your car is due for service.

Regular servicing is crucial as it helps identify and fix issues that could affect your vehicle’s performance. Insurance companies take this seriously, and there have been a number of cases where they’ve successfully denied claims for this reason alone. Additionally, the fact that you were driving over the speed limit at the time of the incident could also be a point of contention. When the engine warning light comes on, the rule of thumb is to stop the car immediately, switch it off, and seek professional help. Continuing to drive can worsen the damage, possibly leading to the need for an engine replacement.

That said, I’m not suggesting you accept the insurance assessor’s decision without xploring other options, such as mediation. To address the multifaceted nature of your situation, I recommend contacting both the Motor Industry Ombudsman of South Africa (MIOSA) and the Ombudsman for Short-Term Insurance (OSTI). You can contact MIOSA at info@miosa.co.za/www.miosa.co.za and OSTI at info@nfosa.co.za/www.osti.co.za