Insurers may rely on data downloaded from the vehicle’s on-board computer vehicle tracking reports and experts in accident reconstruction.
As it is unlikely that a driver will admit recklessness, Mazwi said the case may be determined by inferential reasoning based on the facts of the case.
In a recent case considered by Osti, the insured contested the calculation of speed by the insurer’s expert but requested that the office decide on the issue of recklessness.“In his defence, the insured said that he was not familiar with the road; that visibility was poor because it was night-time; and the street lights were not working. Photographs of the accident scene showed that the insured was driving in a built-up urban area towards a T-junction.
“Osti found that based on these observations alone, the insured should have exercised caution by regulating his speed to improve visibility and should have kept a proper lookout for obstacles on the road or a sudden emergency. In addition, the speed limit road sign was prominently placed some distance before the intersection. The insurer’s accident reconstruction expert calculated that the insured was travelling at 104km/h at the time.