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Failure to Prove Due Care and Precaution, Based on Speeding – Insurance Ombudsman Annual Report 2020

May 27, 2021 by Accident Specialist Leave a Comment

On 13 December 2018 Mr P was involved in an accident while driving Mr M’s vehicle. Mr P said that he saw a dog running across the road and swerved to avoid it. In doing so, he lost control of the vehicle and collided with a tree on the side of he road and then a school fence.

The vehicle was taken for assessment and declared uneconomical to repair. The insurer also commenced with its validation of the claim and appointed an expert to determine the speed at which the vehicle was driven at the time of the collision. The insurer appointed three forensic experts to reconstruct the accident.

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