In August 2008 the insured ran into trouble while crossing a drift on a dedicated 4×4 route on a farm.

His vehicle stalled some distance into the water – which was reportedly 75cm deep – and had to be towed to a place of repair.

A claim was lodged with the insurer to cover the cost of repairing the engine (which had seized) and water damage to the vehicle interior. “The insurer rejected liability of the insured’s claim for damage to the vehicle on the grounds that the insured had failed to exercise due care and precaution to prevent loss or damage,” reports OSTI. Was the insured’s behaviour ‘reckless’ as alleged by the insurer? And did he ‘wilfully’ expose the vehicle to circumstances that could cause damage?

The OSTI says the insured had been on a number of specialised 4×4 driving training courses since 1998. At the time the incident occurred the insured was traveling in convoy with a friend who drove an identical vehicle. And both drivers carefully inspected the drift before concluding it could be “easily traversed.” The insured also took additional steps to traverse the obstacle safely, by setting his vehicles suspension as high as possible.

Although the client in the article did eventually get his claim paid, it would have taken many weeks and probably months of arguing with the insurer and  explananing the situation to the ombudsman.

It would have been far smarter, I reckon, to have a proper 4×4 policy from the start. One that specifically covers water damage. Real 4×4 insurers know what real 4×4 drivers do. And real 4×4 insurers are most unlikely to go around rejecting water damage claims based on the idea that the driver was reckless and negligent by driving through water that he (an experienced 4×4 driver) had carefully inspected prior to crossing.

Read the rest of the article here on FA News.