According to the Ombudsman for Short-term Insurance, another reason that a client’s claims might be rejected is because of reckless driving. A reckless driver is anyone ‘who drives a vehicle in wilful or wanton disregard for the safety of persons or property’, or, as summarised in the Appellate Division of the Supreme Court in Rex v Fahamtsa (1941), someone who exhibits ‘gross negligence or wilful disregard of the rights of the road users’. Reckless driving includes thoughtless behavior like cutting in too soon after overtaking; dangerous driving without a clear view of the road, for example driving round a blind corner on the wrong side of the road or overtaking on the crest of a hill; driving with disregard for the safety of people and/or property, including driving too close at speed near children or animals, or ‘tailgating’ – following another vehicle too closely. Because reckless driving either contains an element of wilful aggression or involves gross negligence, it is more severely punished than driving negligently or without reasonable consideration. Speeding does not necessarily amount to reckless driving but might be if related to other factors. For example, a motorist who speeds along a narrow, busy street would be guilty of reckless driving. The Ombudsman warns, “Also look out for a “Breach of road traffic regulations” clause. If you were exceeding the speed limit at the time of an accident, your claim could be rejected.”
Why claims are rejected
