Why your insurer might blame you if someone drives into you during load-shedding

With load-shedding causing regular headaches for motorists by turning off traffic lights at random hours throughout the day, you may find yourself treating intersections as four-way stops more often than usual.

If you do happen to be in this situation, it is of vital importance to take full registry of your surroundings before crossing the road, because if you don’t and someone else drives into you, your insurer may put part of the blame on you if it is able to prove that you didn’t act with enough care, according to King Price client experience partner, Wynand van Vuuren.

“Although you had the right of way, this doesn’t automatically entitle you to a 100% settlement of damages. If you’d been more alert and driven at an appropriate speed, the accident might have been avoided,” said Van Vuuren.

He referenced two legal cases where motorists took on their insurers as they believed their claims were unfairly treated after being involved in such an accident.

The first is Neuhaus vs. Bastion Insurance Company, in which the judge ruled that maintaining a proper lookout involves more than just looking straight ahead and that it also requires awareness of what’s happening in the entire road from side to side, including the pavements in urban areas.

The second is Rose’s Car Hire Company vs. Rice, where it was ruled that motorists must be vigilant when approaching an intersection where they could reasonably expect traffic to emerge; even if an intersecting street is a statutory stop street, it doesn’t free the driver from their duty to stay alert.

“The fact is, as a driver, you’re obligated to be aware of your immediate surroundings when you enter an intersection, whether it’s controlled or not,” said Van Vuuren.

Shared liability

In cases where your insurer believes that you may not have taken the necessary precautions to avoid an accident, it will share the damages between all parties involved.

“The other driver might be held 60% accountable for your damages, for moving at an ill-judged moment,” said Van Vuuren.

“Simultaneously, you could be held responsible for 40% of their damages, for not maintaining a proper look-out and failing to take any evasive action.”

While each case will be judged on its own merits, Van Vuuren highlights that it’s essential to stay highly alert every time you enter an intersection whether the power is out or not.

Even if you have the right to proceed, you still have a responsibility to look out for, and avoid, any hazards.