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Thread: Lame or game on

  1. #1
    Site Caretaker Dave A's Avatar
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    Lame or game on

    A month ago one of the company vehicles was involved in an accident.

    The driver had stopped behind other vehicles at a traffic light (was stationery at time of accident). Another vehicle ploughed into the back of our vehicle with enough force to push our vehicle into the vehicle in front.

    The vehicle (1) that shunted our vehicle from behind was apparently a write-off.
    Our vehicle (2) suffered significant damage to both the back and front ends (repairable).
    The vehicle (3) in front of us had a fair bit of damage to the back (repairable).

    No significant injuries to anyone, although I did lose 6 workdays in staff absenteeism as a result, vehicle off the road for repairs for three weeks, the insurance excess and about 8 work hours in paperwork processing total.

    Lame or game on question 1:

    Do I sue the driver of vehicle 1 for our losses as a result of the accident?
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  2. #2
    Gold Member Mark Atkinson's Avatar
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    I have my doubts whether you would be successful with such a claim.

    1. Is he worth suing? If he isn't well off, don't bother.

    2. Is there an element of illegality? (I suppose you could argue negligence)

    3. If you are unsuccessful in your claim, what sort of legal fees are you looking at adding to your list of "losses"?
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    Gold Member daveob's Avatar
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    In addition to Mark's reply :

    Someone once said to me :

    don't spend 4 hours changing the cambelt on your car, just to save R200, if in the same 4 hours you could have made R1000 selling widgets.

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    Diamond Member tec0's Avatar
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    If the insurance will cover the damages to your vehicle and you don’t pay in anything like that I would leave it alone for now. However if you face heavy costs and the owner of vehicle 1 is able to cover those cost I would recommend that you take action and get your losses covered.
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    Diamond Member AndyD's Avatar
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    Quote Originally Posted by Dave A View Post
    Do I sue the driver of vehicle 1 for our losses as a result of the accident?
    I would add the expenses of admin and absenteeism to the insurance claim if they are solely the direct result of the accident.......is he insured though?
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    Platinum Member SilverNodashi's Avatar
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    From own personal experience I can tell you that you're probably not going to get far even if you sue him. Unless he's actually a nice guy and pays-up. But those types of people are like diamonds these days. hard to find one
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    Email problem KimH's Avatar
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    If your claim is under R7000 (which I doubt) there is the option of Small Claims Court - no legal fees and generally they rule in your favour if you can prove you suffered a loss as a result of the incident.

    With regards to going the legal route, I agree with Mark, Rudi and Daveob.
    "If at first you don't succeed, do it like your mother told you."

  8. #8
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    Yes but how many hours will be wasted sitting in court?

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    If you are insured I would say no to suing car 1. I think that is why we have insurance and this could happen to anyone and it could be more time consuming than it is worth.

  10. #10
    Bronze Member rfnel's Avatar
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    Isn't this what liability cover is for? As far as I know, it's automatically included with my insurance policy - other insurance companies probably do it as well.

    Though I'm still not sure if it will be worth the effort, legal fees, etc.
    Last edited by rfnel; 28-Jul-11 at 12:23 PM. Reason: Typo
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