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Thread: 3rd Party Insurance Claim

  1. #11
    Email problem MadJan's Avatar
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    hmmm....
    we had right of way, the car that collided into us is a write off.....holding thumbs that this goes our way....seems so unfair though that we as the victims of this are made to look like we have to take such a huge portion of the blame....but looking on the bright side, i am seeing the attorney you recommende, Dave, on Thursday....will keep you posted :-)

  2. #12
    Site Caretaker Dave A's Avatar
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    Hopefully you don't need it, but I wish you good luck anyway

  3. #13
    Email problem MadJan's Avatar
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    An update....engaged in an attorney, alas after paying a deposit, i am told that the insurance company would not budge, and to take it further would mean even most legal costs.... :-(
    I am thinking of taking this up with Ombudsman....am i wasting my time? :-((

  4. #14
    Site Caretaker Dave A's Avatar
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    Maybe you should reread posts 3 & 4.

    I expect the lawyer is also at pains to ensure it's your decision, but nonetheless they should have a view on your prospects. What do they have to say?

  5. #15
    Email problem MadJan's Avatar
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    Well basically third party refuse to co-operate with the attorneys, the next step is to summon them to court, my attorneys have also advised that something like this could drag on for years, which would end up in high legal costs, i am just so afraid that i am going to really lose money here. What if they still refuse? Do you think they would actually settle before the court date arrives....questions, questions, questions.......do i or dont i take this further....

  6. #16
    Bronze Member rfnel's Avatar
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    I second KimH's suggestion to use Hello Peter. They've helped me deal with an insurance company in the past.

    What did the other party write in the accident report at the police station? If it states that they had caused the accident, perhaps you can use that in your favour. Someone crashed into my car a few years ago, and when we filled out the accident report, I made very sure that it stated that he caused the accident (and that he acknowledged the fact).
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  7. #17
    Moderator IanF's Avatar
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    Can't you use the small claims court? Or is the amount too big?
    Only stress when you can change the outcome!

  8. #18
    New Member tasch_a's Avatar
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    Did you take any pics at all at the scene of the accident? I had an accident a few months ago and the only thing that saved me getting my excess back was the pics I took.

    I also have a friend that does accident reconstruction. They normally deal with big companies, but if you want I can find out if there is anything else you could possibly do.

  9. #19
    Bronze Member msmoorad's Avatar
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    yesterday i was involved in a accident in Umbilo Road.
    i had just turned into Umbilo Rd and was going to a store a few metres across the road from where i had turned into Umbilo Rd.
    i checked to ensure no cars were approaching near me-all vehicles were at a distance.
    i was moving slowly across to get to the left side-its a one way road.
    suddenly i hear a hoot & next thing a vehicle hits me vary hard from behind
    it was a black guy driving a company van-the owner is an Indian lady based at the main branch in Joburg.

    my bakkie spun and hit a concrete light pole -where it stopped.
    fortunately i just sustained a few minor bruises-my sister who was with me, banged her head against the back glass which shattered
    her head is paining in the back-otherwise shes OK.

    the driver of the van says its my fault-i did not indicate
    -last thing i remember doing after the accident was turning off my indicators

    anyway-police arrived & took down our details & then gave each of us the others details.
    tow truck guys took his van away and they asked me what i want to do
    i said im uninsured & unemployed
    they said they can do a 3rd party claim against the company as its their drivers fault-he hit me from behind & i wont have to pay anything
    since i was a bit shocked etc, i agreed & they towed my bakkie away to their place-Durban South Body Express.
    they gave me and sister a lift home.

    i contacted the owner-showing her pics
    she says her driver says its my fault & she has made it clear to her drivers that they are responsible for any fines & accident damage etc
    she says since im claiming its his fault, the matter has to be settled in court.

    Durban South told me to get her insurance details & they will file the claim for me
    she refuses to give me insurance details stating above reasons.

    what do i do now?
    i made it clear to Durban South that im not in the position to pay anything- they said "no problem, we will handle it"
    now, after cooling down and asking family & friends-they advise that although my bakkie is damaged, its still drivable so i should take it away from there as they will charge me for storage etc
    i have been trying all day to get hold of Hank-the guy from Durban South-who i spoke to
    the secretary answers and says he is busy etc & will pass on the message...

    please advise

    im attaching pics- from the damage- u can see he must have been going very fast
    Click image for larger version. 

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    A “conspiracy theory” no longer means an event explained by a conspiracy. Instead, it now means any explanation, or even a fact, that is out of step with the government’s explanation and that of its media pimps.

  10. #20
    Diamond Member Justloadit's Avatar
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    My understanding has been that in any accident that you are hit from behind, immediately places the driver that struck you at fault, irrespective of the circumstances.

    By law she has to give you the insurance details, however, get an attorney involved now to ensure that you have a trouble free process.
    I suggest you also get to the panel beater personally, and do a one on one meeting, rather than doing it over the phone.
    Victor - Knowledge is a blessing or a curse, your current circumstances make you decide!
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