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Tracker has recently become aware of a car theft scam which is being used by a syndicate in South Africa.

Vehicle tracking customers are being contacted by the scamsters who are pretending to work for Tracker. They advise the customer that there is something wrong with their tracking device and that they need to come out to repair or replace the device.

Once on site the perpetrators will claim that they need to test the device by taking the car for a test drive or they will say that they can’t finalise the repairs on site and need to take the vehicle back to the fitment centre.

The scamsters have targeted the customers of several vehicle tracking companies.

If you are contacted about repairs to your tracking device by someone claiming to be from Tracker, please ask them to take you through the Tracker security verification questions associated with your account in order to verify the legitimacy of the call. If they are unable to do so, advise them that you will need to contact someone at Tracker to verify their claim. If you are still unsure or find the call suspicious please contact the Tracker call centre on 0860 60 50 40.

It is important to keep the following in mind:

A Tracker technician will never need to nor should they ask to test drive your vehicle

Always check the email address the request is sent from – this is often an immediate give away as the criminals would not be using a tracker.co.za address

You can always confirm the validity of an appointment by contacting the Tracker call centre on 0860 60 50 40

Article courtesy of Tracker

International statistics say that crashes are the number one cause of workplace injury and fatalities.

It is estimated at least 25% of these crashes are due to cellphone use

Yet, as it is often difficult to prove that one was using their phone before a crash, it is believed this number is three times higher than reported figures.

The managing director of MasterDrive, Eugene Herbert, says that if you take these statistics and compare them against the potential cost of each distracted driving crash, it should give fleet owners and managers some pause for thought.

There is the highest cost of all which is the cost of human life. If your drivers are fortunate enough to escape with their lives, there are still other costs that often unavoidable.

“There will be the costs involved in repairing or replacing the vehicle and there can also be the expense of cleaning up the accident site in some cases. In other instances, there can also be medical costs after the crash. If your employee is injured, this can also result in a loss of productivity.”

Other indirect costs are often associated with distracted driving crashes.

“Insurance providers in South Africa deal with any litigation after a crash but this will have an effect on your insurance premiums and record. The time expended on handling the after-effects of a crash for other employees will lead to a greater loss in productivity as well.

“As public opinion and attitude grow in opposition to cellphone use behind the wheel, the damage that can result from distracted driving can be damaging to your public relations policy. Even a near-miss while on the phone, that is witnessed by the public, can be destructive to your corporate image. If someone witnesses a crash as a result of your driver using a cellphone, the fallout can be an expensive one that is difficult to recover from.”

Once you calculate the potential cost of cellphone use, banning your employees from using their phones and hoping it works, is not enough.

“This is where MasterDrive NOCELL can help your organisation lead the way in the campaign against distracted driving by making it impossible to use a phone while driving. The fully integrated hardware and software solution allows the use of certain apps like those used for navigation while preventing the use of others like social media and messaging functions.

“Rather than reacting to unauthorised cellphone use while behind the wheel, MasterDrive NOCELL helps you be proactive.

It gives organisations the power to make a ‘no-cellphone behind the wheel’ policy something that is lived by every person in a fleet.” Driving while using your cellphone is becoming a serious issue among South Africans.

The need for a solution that makes it impossible to do this, will be one of the most important additions to health and safety policies in companies.

www.esbrokers.co.za

Article source – Masterdrive, featured in Randfontein Herald

Many South Africans believe that having an insurance is the panacea to future losses or damages. Unfortunately, this is not always the case.

The ombudsman for short-term insurance was established to assist consumers who feel their insurers have dealt them a bad hand.

The office deals with personal lines short-term insurance disputes including those relating to motor insurance, homeowners’ insurance, household insurance, cellphone insurance, travel insurance, disability insurance and credit protection insurance. The services of the office are free of charge.

The case of Mrs N and the stolen cellphone Mrs N claimed for a cellphone that was stolen from her bag while she was playing netball.

The insurer relied on the following provision in the policy to reject her claim:
This particular Insurer had the following terms and conditions in their policy wording:

“7.3 prevention of loss. 7.3.1 – the insured shall take all reasonable steps and precautions to safeguard the equipment, including but not limited to, ensuring that the equipment is:

7.3.1.2 – not left exposed in a public place, place of recreation, mall or social occasion where it is vulnerable to easy removal or damage.”

“The insurer argued that the cellphone was not safeguarded and that it had been left in a vulnerable situation where easy access could be gained to Mrs N’s bag.

The office of the ombudsman said the grammatical meaning of the word “exposed” is not “covered or hidden; visible”.

Since the phone was in Mrs N’s bag, it was not exposed and it would be unreasonable to expect her to safeguard her bag all the time.
The office of the ombudsman recommended the insurer settle the claim, and it agreed to do as recommended.

Conclusion:
In the event of a claim rejection, clients have the option of approaching the offices of the FAIS Ombud to resolve short-term insurance complaints fairly, efficiently and impartially.
The Ombudsman’s services is free to consumers and policy holders can approach them directly on their website. www.osti.co.za

For any assistance with your car, home, building or business insurance ES Brokers is here to assist you.
Phone our offices on 031-5021922 or visit our website www.esbrokers.co.za

Article featured in Sunday World, by Kabelo Khumalo

The theme for this year’s Transport Month is, ‘Together shaping the future of transport’ and aims to raise awareness around the important role that transport plays in our economy. Risk management is the foundation for a healthy transport sector.

October is Transport Month and it would be no exaggeration to say that the role transport can, and must, play has never been more crucial to the South African economy. More so as we work towards rebuilding it after the effects of the Covid-19 lockdown. While this month will focus on all forms of transport, the road transport sector merits special attention because of its importance when it comes to logistics across our continent.

The government’s vision of providing safer, more affordable, accessible and reliable transport, will only be achievable if transport companies step up to the challenge, particularly when it comes to risk management. Knowledge is power and it’s a good idea to track the claims history and what incidents occur.

Based on working with clients across the transport industry, here are some key steps to improving risk management:

• Track your incidents as well as your claims. Incidents are the number one predictor of claims, so if you note all incidents – not just the claims – you’ll find where there are problem areas and put preventative measures in place. The goal is to reduce future claims and the chances of premiums being increased.
• Find the trend. It is important to take note of incidents as you could find that many of your claim costs come from the same area, department or cause. If you can find the root cause of the claims, you can be proactive.
• Mitigate your risk. South African roads bring with them a whole set of risks, some of which are universal and some unique to our situation, and by their nature cannot be controlled. However, if you know where the highest risks are, discover the ones that occur most frequently or cost the most, you can establish a risk management strategy that takes you a step closer to protecting your staff and cargo as well as reducing your insurance premium.

The top three causes for claims are mechanical malfunctioning, followed by collisions and glass (windshields and windows).

Here are five ways you could cut down on claims and unnecessary time-consuming admin.

1. Schedule regular checks and services to ensure your vehicles are well-maintained. All vehicles should be maintained to a minimum standard, with essential safety equipment like brakes, indicators, steering components and tyres, regularly checked and kept in good operating condition.
2. Avoid overloading. Overloading will damage a vehicle, particularly in the long run; it is linked to roadworthiness.
3. Verify your drivers’ information; for example, the validity of driver’s licences and Professional Driver’s Permit.
4. Provide proper training and possible advanced driving courses. People make mistakes; the Automobile Association notes that the single biggest cause of road accidents is human error. This underscores the necessity for appropriate training for every driver.
5. Understand your insurance cover and optional cover available, as well as the excess payable.
6. Make sure you have adequate cover for goods in transit. Truck hijacking remains a problem (the 2019-20 crime statistics show it has increased by a further 1.7%) as does pilfering.

 Taking precautions against both hijacking and theft is advised, but adequate cover for goods as well as the vehicle is essential.

Whether it is long-haul or short haul, trucks are used by every sector of the economy. Our transport corridors act as vital lifelines as they criss-cross our nation, contributing to the health and strength of our economy. Let’s use Transport Month to manage our transport risks and support our economic revival.

For assistance with Transport, heavy commercial vehicles and goods in transit insurance, please contact our office on 031-5021922 or visit our website - www.esbrokers.co.za

Article featured in insurancechat, written By: Jason Mellow, Head of MiWay Business Insurance

In every neighbourhood there is at least one property in a state of disrepair.
It’s common that you see older properties that are left to slowly decay as the harsh elements launches a brutal assault on the external structure over time, but sometimes newer properties are not well-maintained either and that’s where you find re-occurring problems arising, that ends up being very costly, if not dealt with timeously.

Examples of Disrepair would commonly be:

·      Mildew, Mould, rising damp and/or vermin infestation,

·      Rotten woodwork, broken glass, wall and floor tiles.

·      A sagging roof or missing and broken roof tiles.

·      Water damaged ceilings.

·      Unsteady walls or balustrades.

·      Rusting pipework or leaking taps.

·      Broken gutters and downpipes.

·      Cracks in walls larger than 3mm wide

·      Fault electrical wiring and fittings

·      Blocked drains and poor plumbing.

·      Bubbling or peeling of paint work

·      Overgrown vegetation not cut back from the building.

·      Banks not retained properly or movement of retainer blocks

·      Geyser not installed correctly or with no compliance certificate

·      This list is not exhaustive as maintenance could refer to anything requiring replacement or immediate attention.  

Why Protecting your investment is Important?

Your Property is the most significant investment you will ever own, so allowing it to fall into a state of disrepair is not good business sense and if wear and tear and maintenance if left too long it could exacerbate into bigger more costly projects.

In simplest terms, the more neglected a property is, the less it is worth.
You should always protect your investment with a program of regular property maintenance.

Regular maintenance jobs that every Property owner should adopt:

 There are a variety of jobs every building owner can’t afford to leave indefinitely, and they are:
1) On-going roof maintenance should be top of your to-do list.
The roof keeps a property safe from the elements and adverse weather.
If the roof is allowed to fall into disrepair, it won’t be long before water finds a way in causing all sorts of problems, such as damp, mildew, rotten wood , faulty electrics etc

2) Cleaning of gutters and external Pipework.
Too often we see vegetation growing in the gutters which makes it ineffective, restricting the water flow and the weight bearing down tends to rip the gutter from it’s bracket. We recommend clearing the gutters and keeping them free of debris at least every six months. Over hanging tree in close proximity of the main dwelling requires more frequent inspections.

3) Maintaining Boundary walls and retainer walls and vegetation.
(a) Prune over hanging branches that could break off and damage the roof tiles. Branches can be destructive following a storm and high winds.
(b) Ensure that you regularly inspect the boundary wall/fence or retainer for signs of damage.
The problem here is that through soil erosion over long periods of time, the boundary wall begins to lean (if on an incline on embankment). To save the costs of hiring a contractor the building owner tries repairing the wall himself, with dire consequences. If the foundation is compromised rather get a professional to offer advice.

4) External Paint work

Even if you have done a great job on the rest of your house and are happy, you can still end up with a house that is not worth having. By painting the right kind of material and the right type of paint, you can guarantee that you will end up with a great looking house that will give you a good sense of comfort as well as a comfortable home for you and your family.

There are several different kinds of paint that you can choose from. For example, you can opt for wall paint that is made from ceramic tile or wood, for instance. However, there are also plenty of other options, including vinyl and other synthetic materials. One of the best things about these materials is that they are extremely easy to clean and can provide you with a nice looking finish over a long period of time.

The Department of Transport has gazetted the latest draft of the administrative adjudication of road traffic offences (Aarto) regulations, detailing how the country’s new demerit system will work.

The draft regulations, which are currently open for public comment, also prescribes how infringement notices or fines will be served on motorists.

Where documents previously had to be delivered by registered mail through the post office, in terms of the amendment, authorities will now also be able to serve documents electronically. This includes possible reminders via WhatsApp and SMS.

While the latest bill still provides for service of infringement notices through mail or in person, it allows authorities to send electronic notice, using driver data taken from various sources.

This includes information collected from:

• Previous Aarto documentation;
• On the change of address forms for licensed motor vehicles;
• As indicated in the register of driving licences and/or the register of motor vehicles;
• By registering on the Aarto website.

The Aarto Act provides for a system whereby a person, operator or company (juristic person) pays the penalty and incur points when a traffic infringement is committed.

The demerit points are allocated to the operators and owners of motor vehicles. If a vehicle is suspended it may not be sold or used on a public road.

If an operator or juristic person does sell a vehicle or scrap or export such vehicle, the demerit points will remain against the record of the operator/juristic person and be allocated to the next vehicle the company purchases.

However, vehicles are not punished by the system – only the driver/juristic person is held responsible for the use of its vehicle.

The points will work as follows:

• The offender/infringer receives a penalty, and in addition to the penalty, they also receive the demerit points allocated to the specific offence.

• If the demerit points exceed the maximum points (15 points), a person will be disqualified from driving or using the vehicle for a period of time (three months for every point exceeding 15 points);

• The points for the offences and infringements range between six and one;

• The maximum for a person or operator card or a licence disc for a juristic person who is not an operator is 15 points;

• The maximum for a learner driver is six points;

• The time value of each point is three months for disqualification or reduction purposes;

• If demerit points are allocated to a person or vehicle record and no further demerit points are accrued in three months after receiving the previous demerit point, a reduction of one point on the total number of demerit points will be recorded on the system.

• A person’s driving licence card and the operator card of a motor vehicle must be handed in for the disqualification period;

• Upon a third disqualification, the licences will be cancelled. A person must apply for a new learner’s licence and driving licence once the disqualification period is over.

 
For any assistance with your vehicle insurance please contact us on 031-5021922 or leave your details on our website www.esbrokers.co.za.

Article courtesy of BusinessTech

Can an employer be held liable for the theft of a client’s goods by one of its employees?

In terms of the common law, an employer can be held vicariously liable for damages caused by its employee in so far as the wrongful act/omission was committed within the course and scope of the employee’s employment, or whilst the employee was engaged in any activity reasonably incidental to such employment.

Definition:
Criminal Law, Labour and Employment Law, Litigation and Dispute Resolution.
Most employers are unaware that they can be held liable for the actions of their employees. Vicarious liability is where someone is held responsible for the actions or omissions of another.

In Fujitsu Services Score (Pty) Ltd v Schenker South Africa (Pty) Ltd (GP) (25 March 2020), the Gauteng High Court had to consider whether an employer was liable for the wrongful act committed by the employee where the said employee deviated from its scope of work. In this particular case, the employee stole certain goods of the client of its employer, which the employer had held in safe keeping for the time being.

The Supreme Court of Appeal, in Stallion Security (Pty) Limited v Van Staden (526/2018) [2019] ZASCA 127 (27 September 2019) found an employer to be vicariously liable (and ordered the employer to pay damages) where its employee had acted intentionally and “entirely for his own purposes”. The Court held that there was a sufficiently close link between the actions of the employee and the business of the employer. The employee in this case, a security guard, had been provided with an override key for the purpose of inspecting the interior of a building. He used the key to facilitate the robbery of an individual who was working late in the building.

In arriving at this decision, the Court determined that our law should be further developed to “recognise that the creation of risk of harm by an employer may, in an appropriate case, constitute a relevant consideration in giving rise to a sufficiently close link between the harm caused by the employee and the business of the employer.”

By applying these principles, the Court in the Fujitsu-judgment found that because the employee had unfettered access to the security cargo, its employer could be held vicariously liable for the damages suffered by its client as a result of the employee’s unlawful act.

These judgments place a substantial onus on the shoulders of employers (and their insurers) and should be kept in mind when planning task allocation and responsibilities for various employees.

For assistance with business and Liability insurance please contact us on the following methods:
phone:            0315021922
what’s app     0824508720
Website          www.esbrokers.co.za

Article courtesy of STBB, written by Stefan Hougaard (LLB Degree)

While not everyone is an eternal optimist, research has shown that a positive outlook is not just good for your mental, emotional and physical health, but for your financial health too. 

Staying positive can change your financial outlook

A recent online survey by Sanlam into the challenge’s women have faced during the lockdown, revealed that six in 10 women were able to find a silver lining despite worrying about health, a reduced income and making ends meet. For some, the lockdown was a lesson in slowing down and appreciating the smaller things in life, while for three in 10, the main upside of the experience was that they got to spend more time together as a family. 

A positive outlook not only makes you feel good, but it also helps people bounce back from setbacks. It can help kick-start the process of working towards financial goals, starting businesses, or taking action to pivot their current businesses in a new direction.
This sets people on a growth path that can lead to the employment and economic growth our country so desperately needs.

You need positive action to go with your positive thinking

But a positive outlook alone will not result in financial well-being. While optimism helps to reframe our mindset to believe there is future worth planning but it is even as important to ensure that practical steps are taken to enable the future. Essentially, closing the gap between intentions and actions.

To create a positive outlook on your finances and enable financial well-being,  ask yourself the following, write down the answers and don’t just make mental notes:

1. What future goals do I have for myself and my family? 
2. If my circumstances have changed, do I need to re-evaluate my goals?
3. When would I like to achieve these goals?
4. How am I going to achieve the goals?
5. And, ensuring that you are ticking things offs given the shocks which they face, and how often in the year will I monitor the progress on my goals – diarise this?

With this focus, it would also be the perfect time to enlist the help of a professional financial adviser who can help kick-start your financial goals and close the gap between your intentions and actions. This is an important consideration as according to Sanlam’s survey, eight in 10 women are currently tackling their finances without the help of a financial expert. 

Embrace the power of positivity 

The outlook you have in your life also needs to be positive to help you benefit on the financial side – it’s all about the habits we focus on daily. Clinical psychologist Nozibusiso Nyawose recommends the following for you to embrace the power of positivity, and maintain a healthy mind required to make good decisions:

1. Surround yourself with positive people to establish a safe and supportive environment.
2. Re-evaluate and reflect on the challenges you face to understand what is affecting your ability to be positive. If your pessimism is driven by your behaviour, you need to re-evaluate the situation to gain insight and make informed decisions about your next steps. This insight will help you identify and take responsibility for any unhealthy habits or behaviour and take progressive steps to change them.   
3. Exercise regularly. This plays a crucial role in improving your mood, mental stability and contributes to positive thinking and your overall well-being.  
4. Practice positive self-talk. Be gentle on yourself, reaffirming your positive actions rather than letting your inner dialogue become negative, belittling or degrading.

Make positivity a family tradition

International speaker, author, parenting coach and founder of Munchkins, Andalene Salvesen agrees. She suggests starting a family tradition of acknowledging the things you are grateful for. This will help you and your family remain optimistic, find those silver lining moments and is the most effective way to maintain joy and emotional stability. 

To embrace the power of positivity and its potential to impact our financial well-being, prospects for our nation, we need to shift our mindset to be more positive by visualizing the future we would like and then take active steps to close the gap between our intentions and actions. The result should enable the start of the journey through a clear roadmap with dates to reach your financial goals and focused effort to engage often with your financial goals.

Article courtesy of All4women , written by Kenosi Magosha – Head of client solutions savings

Getting insurance cover for one’s assets is commonly seen by many as a  grudge purchase, and as much as some customers might not enjoy paying their monthly premiums, the good news is that they’re assured that their assets are well covered (within the limits of the policy wording) to face the worst of unforeseen circumstances.

Very few people read through the fine print in their insurance contracts, which differs significantly between policies and insurers. In some instances, it’s only when they need to submit a claim, that they learn about a missed clause that they have not adhered to or an exclusion, resulting in a possible rejected claim.

Claim rejections happen and often leave the customer feeling dissatisfied and cheated.  As a customer you have the right to request the reasons for rejection from the insurer and either approach the insurer’s internal arbitrator or take it further by approaching the Ombudsman for Short Term Insurance to counter the rejection. 

Often, claims are rejected for valid reasons, and it is unfortunate that in some cases, the customer has misinterpreted the cover and exclusions or failed to comply with the terms and conditions.  Where you feel the rejection is not warranted, obtain a second opinion to validate your claim and present this evidence to your insurer.

Below are 10 things customers need to keep in order, to ensure that their claims are approved:

.    Wear and Tear – This is where items have a life span and once that time has been reached, it breaks or no longer works effectively. This is not covered by the policy and is noted as an exclusion.  For example, buildings need to have water proofing on the roof, as they’re exposed to sun and harsh weather conditions, these generally perish after 2 years. If your roof leaks following a storm, due to this wear and tear, your policy will not cover the water proofing. Depending on your policy wording, the resultant damage may or may not be covered.

·       Maintenance – This is general upkeep of your property or items. Failure to do this will result in a rejection as this is a specific exclusion.  For example, tree roots cause damage to pipes, drains, paving, walls or your motor vehicle must be serviced annually.

·       Defective workmanship/ materials used – This is specifically excluded. For example, the contractor builds a wall, fails to follow South African building regulations or mixes the building materials incorrectly and the wall collapses.

·       No cover – This is where an incident has occurred, but the policy does not provide the  cover for this event.  Events that are commonly insured are fire, wind, storm, hail, theft but some events may/may not be included such as accidental damage and power surge.  A claim for accidental cover, where this has not been selected, will result in ’no cover’.

·       Non-Disclosure – Failure to notify your broker or insurer of relevant changes that may increase the risk of acceptance for the policy to respond to may result in your claim being rejected. For example, a tenant occupies your property which you have disclosed.  After a couple of months, the tenant moves out of your property and is vacant (no signs of anyone living there by way of visiting the premises, lack of furniture). This change in risk has not been disclosed. Should vagrants move in or damages are caused  to the property, this could result in a rejection of your claim.

·       Late notification – The insured has 30 days to report a potential claim to the insurer/broker.  Failure to do so may prejudice the insurer’s ability to assess the claim and result in a rejection.

·       No insurable interest – The interests of all parties must be noted on the policy for their respective rights and interests to be covered.  If you do not have financial interest in an asset, you cannot insure it.  For example, your friend’s car is registered in her name, but you are insuring it on your policy without notifying your insurer/broker of the insurable interests. 

·       Unpaid premiums – If you place a stop order on your short-term insurance debit, this will result in an immediate cancellation and no cover will exist as your intention was not to pay the premium.  If your debit order returns due to lack of funds,  you are required in terms of legislation and your policy wording to pay this outstanding amount before the insurer will consider the claim.

·       Misrepresentation, dishonest or criminal behaviour – All these could draw serious consequences for the Insured, to the extent that they could be blacklisted and may not be able to obtain insurance.

·       Avoidance of cover – In the event of fraud, misdescription, misrepresentation or non-disclosure of material facts, the insurer could cancel the policy with immediate effect or declare the policy null and void from inception date, resulting in the claim being rejected.

In order to avoid a situation where your claim could be rejected, it is important to familiarise yourself with the above-mentioned reasons, but also make sure that the terms and conditions are reviewed regularly. Following the claims procedures, complying with the time limitations and taking the necessary steps to avoid a loss are some of the  important steps you can follow if you want your claim to be settled.

“It is extremely important to understand your insurance contract and claim parameters. Every policy sets out your obligations in the event of a claim. This includes the time period within which a claim must be reported to the police and your insurer, what information you must provide to your insurer, as well as the time frame within which to dispute the outcome of a claim

For a quotation or assistance with your Short-Term Insurance needs, please contact our office on the following methods:
* Phone             031-5021922
* What’s app       0824508720
* Website           www.esbrokers.co.za

Article source: FNB Private Wealth, written by Elizabeth Mountjoy

Six-months ago, at the start of lockdown, the majority of South Africans set up their workstations in their own homes in an effort to stop the spread of COVID-19. With the introduction of Lockdown Level 1, more of the workforce can now return to their respective offices, but will they

Remote working or hybrid office models is here to stay. The new normal will become ‘the normal’ even after the pandemic has subsided.

According to a survey by specialist management company Redflank, of the firms surveyed that currently have employees working at home; 87% say that employees can continue working from home. Similarly, in the US, 54% of adults want to work remotely most of the time after the pandemic, according to a new study from IBM.

It makes sense that those working from home pay less for their vehicle insurance due to their reduced insurance risk.

Enter Coffee, Auto & General’s new offering that gives those working from home a better insurance premium.

Coffee gives zoom-boomers working from home up to 20% off their comprehensive car insurance. This discount acknowledges the better insurance risk of those working from home – by driving less, their chances of being in an accident or having their car stolen reduces. The product does not require any telematics devices – just a statement from the policyholder regarding their intention to work from home.

Even though the risk of vehicle accidents has reduced, the risk of vehicle theft is omnipresent.

Criminals and hijack syndicates are still a threat and their ‘business’ was not affected by lockdown restrictions. In fact, incidents of vehicle theft and hijackings remained constant over the past six-months, peaking in August. With this in mind, we encourage continued vigilance when it comes to home and car security. Criminals are also under increasing pressure to make ends meet and see the easing of restrictions as an opportunity to pounce.

Coffee is available to both new and existing policyholders.
For a quotation on the new Auto & General “Coffee” product offering please contact our office on the following methods:
* Phone             031-5021922
* Whats app        0824508720
* Website           www.esbrokers.co.za