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Learn what non-disclosure means for motor insurance claims in South Africa, how it affects selling damaged vehicles, and practical steps to reduce dispute risk.
Material facts like prior write-offs and flood damage must be declared to insurers.
Insurers may reduce claims, avoid policies, or cancel cover depending on materiality.
Keep records, disclose openly when selling, and resolve finance before transfer.
In South African insurance law, applicants and policyholders have a duty to disclose material facts that would influence an insurer’s decision to underwrite or set premiums. This principle-often called utmost good faith-means failing to reveal relevant information (non-disclosure) can lead an insurer to decline a claim, reduce a payout, or cancel a policy, depending on whether non-disclosure was innocent, negligent or fraudulent. The consequences are fact-dependent and assessed against whether the undisclosed matter was material to the insurer’s risk assessment.
If your car has been damaged, suffered mechanical failure, or been previously written off, accurate disclosure is critical when making insurance claims or when transferring ownership. Non-disclosure can complicate claims and may affect future insurability. When you sell a damaged vehicle privately or to a buyer or business, being transparent about damage history helps avoid post-sale disputes or allegations of concealment.
Material facts include prior accident history, major repairs, flood or fire damage, outstanding finance, and modifications affecting safety. If unsure, disclose and document it.
Disclose any information that would reasonably affect an insurer’s evaluation of the vehicle’s risk or value. Examples commonly considered material in motor insurance include:
Minor cosmetic damage or routine maintenance typically does not constitute material non-disclosure, but clarity is best. If you plan to sell a vehicle that no longer runs, review the guidance on selling non-running vehicles to buyers who specialise in salvage and damaged cars: Sell Non-Running Car.
When a claim is submitted, insurers investigate material facts surrounding the loss. Key elements considered include the policy wording, when the insured became aware of a fact, and whether the insurer would have accepted the risk had it known the full facts. Remedies available to the insurer can include avoiding the policy from inception (repudiation), reducing the claim proportionately, or canceling future cover. The insurer bears the responsibility of proving materiality in disputed cases.
| Repair estimate (R) | Typical retained market value change | Notes |
|---|---|---|
| R5,000 - R20,000 | Minor to small reduction (0-7%) | Cosmetic repairs or routine mechanical work. |
| R20,000 - R60,000 | Moderate reduction (7-20%) | Structural or significant mechanical repairs. |
| R60,000+ | Large reduction (20%+), possible write-off | Major structural, flood or fire damage; often declared total loss. |
These figures are illustrative and reflect common market behaviour in South Africa; exact outcomes depend on make, age, mileage and salvage demand.
If you are considering alternatives to repair, learn how salvage and specialised buyers operate across South Africa and how that affects disclosure needs on our site: Sell Damaged Cars.
South African insurance disputes involving non-disclosure are decided on the policy terms and the surrounding facts. Insurers and insureds can refer disputes to ombudsman services or the courts. Important practical paperwork considerations for vehicle owners include ensuring correct registration details, settlement of any outstanding finance before transfer, and a clear record of communications with your insurer. If you sell a damaged vehicle, keep a written declaration of the vehicle’s condition and any prior claims or repairs to reduce later dispute risk.
If the vehicle is subject to a finance agreement, the credit provider has a security interest in the vehicle. Non-disclosure of damage that affects the asset or your ability to settle finance can complicate both claims and sale. Before transferring ownership, check finance status and get a settlement figure where needed; many buyers and specialist purchasers will request proof of settlement or consent to transfer.
| Damage type | Typical market impact | Implication for disclosure |
|---|---|---|
| Minor dents/scratches | Low impact | Disclose if extensive or recent repair history. |
| Structural/frame damage | High impact | Always disclose; affects safety and insurability. |
| Flood or fire | Very high impact; often write-off | Full disclosure required; may be declared salvage. |
| Mechanical failure (non-running) | Variable impact | Disclose known recurring faults and service history. |
If repair costs are high relative to market value, selling to a specialist buyer who handles salvage, towing and paperwork may be a practical alternative. For information on how that process works nationwide, including free towing and paperwork handling, see our overview of how we handle collections and admin: About / How it works and the homepage for general service details: Sell Your Damaged Car.
After a vehicle is collected by a buyer or after an insurer settles a claim, ensure you obtain and keep paperwork that confirms the transfer of ownership, settlement of any finance, and the finalisation of the claim. This documentation protects you against later assertions of concealment. If an insurer denies a claim for non-disclosure, you may refer the matter to the relevant ombudsman or seek legal advice; many disputes are resolved through the insurer’s internal complaints process or the industry ombudsman without court action.
Notes: This article provides general guidance and illustrative South African examples (currency shown as R). It does not replace legal advice. Outcomes in non-disclosure disputes vary by policy wording and the specific facts of each case.
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What you see is what you get..
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How long does it take to respond. I've been calling and no one respond
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Verified customerCleavon Schubart is a great consultant patient and easy to work with.
Verified customerWas serviced as I expected and paid as promised
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Excellent service with a great turnaround time. Very hassle free and reliable.
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They gave me an offer on my car in May this year, I finally got over the car and asked for another offer 5 months later, Johan contacted me and the sa...
It was surprisingly quick and easy, and I didn't have to battle with phone calls with poor reception. Everything was handled digitally with quick resp...
It was a quick, quality and very sincere as well as trustworthy experience
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Professional service from Johan and team; prompt and unambiguous. Great collection team as well, lead by Richard. Recommended.
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They were very professional.
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Not bad
Verified customerEasy experience
Verified customer<div>In terms of service I will rate them 5 stars. But am not happy with the price offering I had. I just had to accept it because I needed cash badl...
Tshidi was very professional throughout the whole process, explained every step clearly. Car was collected on time as arranged and payment very prompt...
Quick and easy...
Verified customerJohan brouwer did a good service for me
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AUCTION NATION IT THE BEST AUCTION IN TOWN. my name is Simangele Ntanzi I would like to say thank u( Tshidi Mashangoane) to the consultant who help m...
Clear communication and quick responses. Very friendly
Verified customerThe lady I dealt with was helpful, efficient and very good with her following up.
Verified customerDeciding to sell our car for s**** rather than fork out R150k to replace the engine (cracked piston on a Ford Ecosport a month out of warranty with no...
From the moment I started researching how to sell your damaged car, it seemed like it was going to be a stressful process… Turns out it’s just the opp...
I have received the best service ever From Tshidi Mashangoane . Everything happened as promised. Even the bank Notification
Verified customerJohan Bouwer assisted me with a seamless experience selling an old broken vehicle. I would highly reccomend getting in contact and asking for him if y...
Joshua was precise and helpful.
Verified customerThe process was quick and easy. I felt comfortable that I was dealing with an above board business. They tend to communicate almost exclusively with W...
The deal was streit forward. From tshidi mashangoane
Verified customerDealt with a lady by the name of Tshidi. She was great from the onset. Process was done via WhatsApp and her responses were always on time. I apprecia...
Aneese was amazing. He responds in no time and never keeps you waiting. He was willing to go the extra mile for us. I’d recommend Sell Your Damaged Ca...
Everything that was said,happen exactly like that.
Verified customerI dealt with a guy called John. I sold my bakie that was a write off. He got me the best quote possible went extremely fast without a lot of Hassel. ...
I would like to thank Mr. Anees Mayet for his professional manner in which we successfully conducted business. It is a quick and hassle free way to se...
Confirmation Message *Business Name:* Sell Your Damaged Car *Review:* The consultant was as responsive as could be and very helpful, even helping v...
Super easy, Johan explained everything that he needed from me. Collection was on time and very efficient. Payment once confirmed was on time . Thank y...
Very easy and fast,no hassle
Verified customerJohan was very professional and the service was amazing.
Verified customerTshidi Mashangaone she explained everything that I wanted to know about your sell your damaged car and we managed to make a deal that didn't even too...
Johan made the process seamless and easy and conducted the transaction professionally- Thank you! It might be worth considering real-time payments to ...
I dealt with a Gentleman called Cleavon and I am amazed at his service, as a service man myself I could believe his patience when I had to wait for my...
Worked with a buyer called Joshua who was extremely professional and helpful. The process of selling my damaged vehicle was quick and painless. Very h...
Excellent and professional service, within a day after processing documentations the vehicle was collected. The next day, the money was in my bank acc...
Their service was excellent. Abdul did a great job. We are very happy with everything
Verified customerIt was quick and painless, Anees was very professional, great service.
Verified customerAwesome service, reliable, friendly and quick payment
Verified customerFriendly and quick
Verified customerCleavon was a very friendly and expedient consultant. The sale process was very swift and the car was collected the same day. Cleavon was happy to of...
Johan was really professional dealing with me.Always responded either by phone or WhatsApp. To my questions.Thank you Johan for upholding the culture ...
I loaded all the information. Got a quick and professional response. The whole deal was handled in three days.
Verified customerVery helpful and patient people to deal with. They even sent a towing truck to collect our non runner vehicle that they purchased. Was the only compan...
I got prompt and professional service. From initial consultation to final collection and payment.
Verified customerGood day, it was a hassle free transaction with friendly staff who assisted with no effort.
Verified customerAfter completion of information online, the sales consultant was very helpful to kick start the process which lasted only a day and the second one was...
I dealt with Josh and he was very helpful, definitely going the extra mile. He also did a great job keeping me informed every step of the process.
Verified customerI have sent a request to Sell Your Damaged Car and they reply in no time. I was contact by Tshidi.. She was very professional in helping me. I have s...
Tshidi was very helpful and I enjoyed the experience
Verified customerIts easy trustworthy process
Verified customerI was assisted by Cleavan Schubart at Auction Nation to sell my vehicle. Man, what an excellent service and customer experience I got!! Just to name a...
Very quick and very professional.
Verified customerI was assisted by ubdull cool and always willing to assist and helpful.
Verified customerThe sale of my damaged car took about 3 days, and the money was in my account in less than 24hours after the car was taken. I'm happy with the servi...
They so fast and absolutely give you the great feedback of the vehicle ??
Verified customerThe process was smooth and quick. Joshua gave me great service and kept me in the loop throughout. To top it off, funds reflected even sooner than exp...
Ek het my 2011 Kia Cerato met ongeluk skade aan Hulle verkoop. Die span het my die hele tyd op datum gehou van wat gebeur wanneer! Beste diens ooit!
Verified customerI was assisted by the lady Tshidi Mashangaone to sell my Damaged Nissan NP200, the service was excellent, the Agent was friendly,helpful, and fast.. ...
All I can say is Tshidi gave us the best customer experience throughout the entire experience!!!! Both hubby and I got assisted by her with our car.
Verified customerExcellent service from Johan Bouwer. From start to finish kept me up to date regarding the transaction
Verified customerWas very pleased with the service
Verified customerI love the quick service. The payment took a while but I was always assured by Joshua. I can easily recommend your services. Thanks
Verified customerWe recently used their services to get rid of a vehicle with engine faults, the team guided us through the process. I being suspicious of all transact...
Very kind lady who assisted me. Quick, easy to understand and very friendly. Will recommend her to anyone who wants yo sell their damaged cars.
Verified customerThe service I received from sell your damaged car was excellent.I recently sold my vehicle to sell your damaged car thanks to Cleavan for his excelle...
The lady I dealt with, Tshidi, was very patient with me as I had no idea how this process worked. She also answered my messages within a few minutes. ...
Sold a non-runner to SYDC. Was concerned about the 24-48hrs payment delay after they tow the car away but Joshua Murray explained the process and I wa...
I just to thank Auction Nation for the great service they have rendered to me.I have been keeping my damaged car for about a year after tragedy accide...
Very efficient, professional and friendly service
Verified customerI had to get rid of my s**** car .joshua was more than helpfull to help .he made the process easy and smooth no problems or issues . Big shout to josh...
Everything was settled hassle-free and with assistance where needed. Thank you Joshua for excellent service, I will definitely recommend you to my fam...
The entire process from first contact to payment took 5 days. Very efficient.
Verified customerBaie goeie diens ontvang van Alicia, van begin tot einde. Geld oorbetaal soos belowe. Dankie.
Verified customerI was assisted by Tshidi, nice lady and very efficient. We did a great deal
Verified customerI really appreciated how Tshidi Mashangoane used check-ins to keep me up to date on the project of selling. It helped me consider our offer, and I’m e...
I sold my gamaged merc 230d monatic. The process was super and the payment i received in less than 3 days. They are straight forwad and keep their p...
I sold 2 damaged cars to Sell Your Damaged Car in January and March 2023 and received excellent service from Tshidi Mashangoane. She explained the pr...
I was assisted by Johan who was excellent and assisted me very well in service me when I was selling my car
Verified customerMy first dealing with these guys and I was impressed with their service and attitude. They bought my s**** car and paid me as promised and came to col...
I got exceptional service from Tshidi Mashangoane. The damaged car was fetched the same I accepted the offer. Thank you Tshidi
Verified customerThank you, Auction Nation, for handling my sale transaction quickly and professionally. Shout out to Faith Mauchaza for walking me through the whole p...
It has been a pleasure dealing with Tshidi Mashangoane . Very professional , friendly and helpful. Tshidi guided me through the whole process from sta...
I had an old damaged car that I wanted to get rid of. I interacted with Abdala who was quite professional and extremely patient. The quote seemed pret...
I received excellent customer service from Alicia the Sales Consultant. She guided me through the process, provided me with all the requirements and ...
After filling in their online form, I got a response on whatsapp within minutes with a consultant who stuck with me from start to end. Abdul was very ...
The whole experience of selling my car was so easy and efficient. I highly recommend.
Verified customerDealt with Tshidi who was very efficient,prompt to respond to my questions and always courteous.All time frames set were achieved and in some cases so...
Did what they said they would do. Josh was very good. Happy all round.
Verified customerI was not sure if this would work, but Alicia walked me through every step of the way. Alicia made the whole process of agreeing a price, doing the pa...
I dealt with Alicia from Sell your damaged car. What a superstar. From the start to the finish, she was on top of her game. Her requests were clear an...
I've driven my 2005 Porsche Boxster for eight happy years. But about three years ago the second gear wouldn't engage so I changed from 1st to 3rd with...
<div>I had the privilege of dealing with Alicia Coetzer at Auction Nation. What an experience; I am 72 years old and have had he car for 11 years. The...
I contacted them via their website and within shortly thereafter the instructions were sent via Whatsapp. Both vehicles were sorted out quickly and ef...
Shout out to Alicia from Auction Nation for a great service!!!!!!!!!!!!!!
Verified customerExcellent assistance by Alicia.
Verified customer