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The incident involved a 2021 Dodge Ram driven by the man, who recounted the experience of driving alongside two companions on the beach. As he approached the dune at a speed he estimated to be around 60km/h, he unexpectedly launched the vehicle airborne, resulting in a nosedive and subsequent rollover onto its side.
The driver attributed this flip to the dune collapsing under the vehicle's weight during the December 2022 accident. In his total loss claim to insurer Zurich, he explained that the dune had a deceptive "razorback" shape, aggravated by a windy day.
Nevertheless, a police report challenged his account, alleging a speed near 80km/h and a loss of effective vehicle control. The insurer's experts argued against the crash being accidental, citing that typical weight would have caused a slide rather than a nosedive.
Discrepancies in speed estimations arose, with one expert pegging the speed between 87-90km/h, while another speculated a milder 60km/h pace. Zurich asserted that excessive speed caused the accident, making it "not unforeseen or unintended."
Contrary to Zurich's conclusions, witnesses in the vehicle testified the driver wasn’t behaving carelessly. The sudden appearance of a steep drop from the dune caught both driver and passengers by surprise. An independent expert hired by the claimant criticized Zurich's speed analysis as failing to consider wheel spin issues.
This past month, the complaints authority reviewed the crash details and noted that the driver applied brakes mere seconds before impact, suggesting he wasn't expecting a sudden drop. Their investigation supported a maximum speed of 60km/h, reinforcing the accidental nature of the event.
Standing by the information gathered, the authority overruled Zurich's claim of negligence. The ombudsman concluded: "Unfamiliarity with a hazard does not equate to failing prudent measures. The complainant genuinely believed the dune was flatter on top."
Understanding the unpredictable nature of the terrain, the authority remarked, "The complainant did not envisage the vehicle airborne scenario and its damaging descent."
Restating their decision against Zurich's allegations, the ombudsman noted, "Such unforeseen accidents stem from genuine mistakes, reinforcing the complainant’s position." The original reportage was provided by Insurance News.
Published:Friday, 22nd Nov 2024
Source: Paige Estritori
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