Absolutely agree.Originally Posted by Justloadit
Under the circumstances, I suggest the following -
Report the accident at a police station and obtain the report number.
Obtain 3 quotes to repair the vehicle.
Obtain the services of a lawyer.
The fact that the owner won't give you her insurance details is not an issue - the lawyer will merely proceed directly against the owner.
I'm sure the owner will refer your claim against her to her insurers in double quick time once it arrives.
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thanks
have already reported at Phoenix police station on Wed evenening-it happened on Wed.
-going to panel beaters today
then will see about lawyers
again, money is the issue- would the lawyers accept my case & get their money out of this lady/her insurance co?
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.
Legal issues are never an exact science. its impossible to predict the outcome. What i would suggest that whilst yo debate the issues, you should remove your vehicle from the panel beaters as it incurs storage charges.
My bet is that the Durban South would not release the vehicle to you without the payment of towing charges, irrespective of what their tow truck driver told you. regretfully this is the harsh reality.
Welcome to one of the downsides of not being insured. I regret to advise your wallet is about to suffer a series of nasty shocks - and legal fees might well end up being the least of them.
That's really good advice. And unfortunately will probably be the first nasty surpise along the way.
Make no mistake this accident is probably going to cost you money. Hopefully when it's all done you'll be out of pocket for less than what you have saved in insurance premiums by being self-insured. With any luck it'll end being just the cost of a letter of demand, and perhaps the costs associated with issuing summons.
Don't go sliding into anything expensive now
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This is in terms of Apportionment of Damages Act.
Insurers look at circumstances, and "guess" the degree of fault by each person. If we assume they will reach 70% / 30%, they will only pay you 70% of your loss, but will, in turn, deduct 30% of their client's damage.
It was rarely done, but one of the major Direct Insurers started doing this to minimise their payouts - and it has become pretty common in the Market now as "self defence". I would guess the Insurer concerned is one of the Direct insurers?
It is for this reason I advise my clients ALWAYS to claim under their policy if they have an accident.
If you claim through the Third Party Insurer:
- They will assess your car to minimise the claim, get you to sign a release form, and pay you cash in lieu of repairs. If more damage is subsequently discovered, tough - you have signed the release.
- Their priority is to THEIR client - they are in no rush to repair YOUR car. Can take VERY much longer.
- There is always this "Apportionment of Damages" sting in the tail, potentially. And that can hurt!
Rather claim, get your car fixed right, and then let your insurer recover the cost from the other Insurer. A reputable insurer will reinstate your No Claim Bonus after recovering.
But at least you will get a properly fixed car!
just experienced it
they charged me R2700!
they say that according to SATRA(which they claim to be a member of)- any distance under 40km- they can charge R2850
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.
spoke to my friends wife-who is a lawyer-she said must bring all documents etc to her on Sunday-at her home.
hopefully that should get the ball rolling.
the guy at Durban South said most likely, the insurance estimator will write off my bakkie as its a 1999 model & the book value is around R22 000
that means Dur South will charge more than that amount to get it sorted out.
problem is- i wont be able to easily get another bakkie like this for R22 000.
anyways, went to another guy for a quotation-he says the insurance company cant write my vehicle off as its not covered by them-so they have to pay whatever it costs to repair my bakkie.
and he never give a printed quotation yet but says he wont charge as much as R22 000-more like R15 000
anyone can clarify this?
all this is making my head spin.
Last edited by msmoorad; 06-Apr-13 at 12:48 AM.
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.
Yeah. Have a breakdown and you can get a tow that distance for well under R1k. But when it's a tow from an accident the rate sems to start at R2.5k plus
Amazing
I'm inclined to agree with that panel beater who reckoned the insurance company can't pull the "beyond economic repair" stunt. It'll actually be interesting to hear what you get out of the claim in the end.
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another guy gave me more advice-
try to get 3 of the most expensive quotes
and see if they will pay me out in cash for the lowest of the 3
then take my vehicle & the money & go to one of the cheaper guys- that way i can get something out of it, as apart from the damage to the vehicle- its also causing a big inconvenience
with running & phoning around for quotes etc
keep the advice rolling- its a learning curve for me
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.
Well, you have an attorney now. Good for you. Now some other realities. You seem to be so sure that it was the other party's fault. I write this, just so that you take Phil's advice in repairing your bakkie as best you can & at the least cost,that is, just in case this other scenario presents itself.
You did say hat you had just turned into Umbilo road and you were making your way across the road. The other party will see it like this. I (the other party) was driving along Umbilo Road and suddenly this guy appears from nowhere in front of me trying to cut lanes and make his way to the left. This will also be your report to the police, that you were in fact cutting across and whilst you had ensured that the next lane you entered was clear, you suddenly heard a hooter & was hit from behind.
Now there is that the possibility that the other drivers insurance might just ask you to cover the cost of repairs to their bakkie. It is just another scenario.
I write this just so that you are equipped as you ponder your various moves. I would also suggest that you try to get a copy of the statement you made to the police to hand over to your attorney.
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