Duty of Care – Motor Vehicle Tracking Device

Duty of Care – Motor Vehicle Tracking Device

Disclosure Due skill care and diligence Service Provided Tracking Devices Vehicle Insurance Cover
Case Ref: FAIS-64423-23/24 GP 2 Resolution Date: 24 April 2025

In December 2021, the Complainant added her Toyota Prado to her short-term insurance policy with the Respondent. In April 2023, the Respondent introduced a new requirement for a tracking device, which was not installed. When the vehicle was stolen in November 2023, her claim was rejected because she did not meet this condition.

The issue was whether the respondent failed to inform the complainant about the new requirement, causing her financial loss.

The Respondent claimed to have sent emails to the Complainant’s work address but did not provide proof of delivery or follow-up communication. The Complainant had previously asked that her personal email be used, but the Respondent did not update their records officially.

The Office found that the respondent failed to fulfill its obligations under the Code, and if it had acted properly, the Complainant probably would have installed the tracker, and her claim would have succeeded.

The complaint was upheld, and the Respondent was ordered to pay R786,300 plus interest.