Auto Insurance Claims: insurance is refusing to cover my claim, car, claim

Question
hi

I was involved in an accident driving my Nissan hardbody double cab, in the car i had 4 passengers including myself and the back there was about 10 people as we were travelling to a soccer match less than 2 km from my house. The insurance is refusing to cover the claim stating that the number of people in the car deemed it unroadworthy even when there are witnesses that have submitted their statements to the police testifying to the fact that i did not cause the accident and that it was actually a hit and run. how do i write a dispute letter to my insurance company because the car also had a liability clause that covered injury or death and i think the insurance might be hiding behind the unroadworthy reason because the cover amount is quite substantial amount.

Answer
I don't know South Africa law and insurance, but here is how it would be in most of USA. Make them put their denial reasons in writing. If there is no policy wording stating that an "unroadworthy" vehicle claim will not be covered, then they cannot deny it on that basis. If there is such a clause, then see if there is a definition for "unroadworthy" in the policy. If you are making a claim under uninsured motorist coverage, then your insurer should cover you as if you were making a claim against the other driver.

Ron Cercone
http://www.uclaim.com