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  1. #1
    Email problem MadJan's Avatar
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    3rd Party Insurance Claim

    I was in an accident, fault was not on my side. The other driver did not stop at the yield sign and collided into me. I am trying to claim from 3rd party but they are now applying the law of damages and delict, whereby they only pay 60% of the damages. My damages amount to around R35 000.00. They now say that i have to contribute to 40% of the damages as they say that i am liable for 40%. After all of their calculations i am told that they will only pay me R5373.24.
    Can anyone please help shed some light on this, don't i have any rights re this? Sadly i dont have vehicle insurance.

  2. #2
    Site Caretaker Dave A's Avatar
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    Sounds like they're playing the blame apportioning game. But even then, there certainly seems to be a problem with their maths.

    If you are confident you didn't contribute to the cause of the accident (other than unfortunatley being there), my suggestion:
    Don't sign acceptance of their offer (that's all it is).
    Respond by instructing an attorney to issue summons for the full quantum of your damages against the driver (and/or owner if the vehicle was being used for business) of the other vehicle.

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    Quote Originally Posted by Dave A View Post
    Sounds like they're playing the blame apportioning game. But even then, there certainly seems to be a problem with their maths.

    If you are confident you didn't contribute to the cause of the accident (other than unfortunatley being there), my suggestion:
    Don't sign acceptance of their offer (that's all it is).
    Respond by instructing an attorney to issue summons for the full quantum of your damages against the driver (and/or owner if the vehicle was being used for business) of the other vehicle.
    I think Dave A, is correct.

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    Apportionment payment

    Quote Originally Posted by Dave A View Post
    Sounds like they're playing the blame apportioning game. But even then, there certainly seems to be a problem with their maths.

    If you are confident you didn't contribute to the cause of the accident (other than unfortunatley being there), my suggestion:
    Don't sign acceptance of their offer (that's all it is).
    Respond by instructing an attorney to issue summons for the full quantum of your damages against the driver (and/or owner if the vehicle was being used for business) of the other vehicle.
    I had an accident 2 weeks back whereby i was proceeding through a traffic light controlled intersection with a green light when a vehicle turning right proceded to turn when i was halfway across, i tried swerving out of his way but he drove right into my vehicle.

    I have no insurance and am in process of claiming form his who submitted me the below:

    We have assessed the merits and came to the conclusion that there was negligence on both sides.



    Most court cases based on similar incidents would be settled on an apportionment basis. This apportion can be 70/30% or 80/20%.



    Even though a greater duty of care rests on the person turning right at a traffic controlled intersection, there is also a duty of care on the approaching vehicle.



    Oncoming traffic does not incur an obligation to stop or slow down when a driver, who has signalled his intention to turn, directs his vehicle towards the middle of the road preparatory to doing so. He must however, keep such vehicle under observation and, as soon as it is clear that, despite the fact that the moment was inopportune, it intends to cross in front of him, he must take all reasonable steps that may be necessary to avoid colliding with it.



    The damage to our clients; vehicle is R33 576.27



    Your vehicle is a write off with a market value of R8 950.00. Salvage is calculated at 30%. Therefore the value of the vehicle is R6 265.00



    1. 70% of your claim is R4 385.50

    30% of our damages is R10 072.88



    In this case you are liable for R5 687.38



    2. 80% of your claim is R5 012.00

    20% of our damages is R6 715.25



    In this case you are liable for R1 700.25



    3. 90% of your claim is R5 638.50

    10% of our damages is R3 357.63



    Our client is liable for R2 280.87



    Purely based on the monetary values of the claim we are prepared to settle the matter on option 3. Please note that this offer is made without admission of liability and merely to settle the matter.



    If you decide not to accept the offer, it will be withdrawn with immediate effect.



    We enclose a release for your signature and when you return the release please enclose proof of your bank account.



    Any action taken will be defended vigorously.


    Kindly advise on how i should proceed with this.

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    Quote Originally Posted by Dave A View Post
    Sounds like they're playing the blame apportioning game. But even then, there certainly seems to be a problem with their maths.

    If you are confident you didn't contribute to the cause of the accident (other than unfortunatley being there), my suggestion:
    Don't sign acceptance of their offer (that's all it is).
    Respond by instructing an attorney to issue summons for the full quantum of your damages against the driver (and/or owner if the vehicle was being used for business) of the other vehicle.
    Good Morning

    I trust you are all well.

    I am in a similiar situation with a third party claim. It was an intersection with two stop signs on left and right so oncoming traffic would have right of way. At the one stop there was a car and at the other stop there was a huge truck and behind it a lane of traffic waiting to cross the road. The guy that was behind the truck in a white toyota bakkie decided to pass the truck, not looking at uncoming traffic from the other stop that wanted to cross the road or maybe turn, he did not even stop to check if there was traffic coming and he was driving with speed and then went in infront of me.

    I could not see anything else as the truck was to big and the buildings was in my way. I was under the speedlimit and I did check for cas crossing the road at the stops even though I had right of way because there was no stop for me. The only option I had was to go straight brake and pull my Handbrake. I had no other option because have I done something else and swing out I would have hit the truck or the other car.

    The issue that I have is the my car is a write off and the bakkie only had little damage like the wheel and fendor, while my car was so badly damaged infront. Unfortunately I do not have insurance anymore on my car so I decided to cliam from them as if was due to their negligence. The Market value of my car is about R65 000, the quote for the damages is R45 000. I have been left without any transport for the past two months as it was my only car. I have received the offer from Old Mutual and they went, based on case law of Neuhaus v Bastion Insurance company, that you have to have a look out for all, which I do understand but I did, I am just not supernatural to see through a huge truck to know and to see oh wow a bakkie is coming from the righthand side. Now they have worked the offer out based on the 60/40 rule. They have taken the damages to calculate it at the end they are making an offer of R13 000 to me and writing my car off.

    I just do not feel it is fair. I have not asked for it to happen and I did obey the rules of the road.

    Could you please assist me in this matter?

    Thank you

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    Diamond Member AndyD's Avatar
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    I've had four litigation cases in the last 20 years involving insurance companies and their refusal to pay the cost of damages to my vehicles by a third party who's their policy holder. It's the same dance each time, they make some rediculously low offer, I send them the quotations for repairs plus towing plus vehicle hire etc. They refuse to pay that amount because blah blah blah, I instruct my lawyer to deal with it and after the usual paperwork a court case is booked. All of the cases were settled in full and with legal expenses before the court dates arrived.

    I get the impression they just like trying their luck or they play some kinda numbers game because a certain percentage of claimants aren't pissed off enough to drag them into court.

    Tell them to stick their offer where the sun don't shine and send them a lawyers letter.
    _______________________________________________

    _______________________________________________

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    Email problem KimH's Avatar
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    Third Party claims are absolutely the pits!

    A few years ago my Audi was parked - underground parking in CPT City Central, where I worked,. Somehow in a lot that was at only 30% capacity a woman managed to reverse into my car causing about 15k's worth of damage. She was suitably apologetic and promised to take care of the repair costs personally, well till she received the quote of course. She then referred me to her insurance company - a big name that I will not mention on here for obvious reasons. I weighed up doing a 3rd party claim versus claiming off my insurance, I'm somewhat stubborn and decided that why should someone else's mistake cost me (a) the excess (b) increase in policy and barreled ahead with a third party claim.

    After a month of being messed around by said insurance company (and driving around in a car that I'd only had for 3 months that was damaged) I placed a complaint on Hello Peter, needless to say my third party claim was resolved and a EFT made to my account for the damages within a week.

    It bothers me that in SA we have to go to these lengths in order to get matters resolved, but that is a rant for another day.

    Madjan, 35k is not a small number - try the Hello Peter option (but only if the insurance company is one that responds), if you still do not get a satisfactory outcome, contact an attorney and take it from there.

    And please, as much of a grudge purchase that it is,... get insurance

    Good luck - let us know how it turns out.
    "If at first you don't succeed, do it like your mother told you."

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    I get my ass handed to me every month with my insurance premium, but trust me, it's worth it for the day when you need it.

    Get insurance. One day you'll thank us.

  9. #9
    Email problem MadJan's Avatar
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    Thanks guys i really appreciate the advice. Have any of you heard of this law? "Law of Damanges and Delict"? This is the info i found on the Insurance co's website

    "They will decide what to pay you by applying the Law of Damages and Delict in accordance with which they could attribute a percentage of fault to you whereby offering to pay you less than your actual damage. For example if the other party skipped a stop street colliding with your vehicle, it could be said that you too did not take enough care in trying to avoid the incident, therefore they could offer to pay only 60% of your damage. This could result in a lengthily legal dispute between yourself and the other party’s insurance company"

    In short this is what they had to say via email:
    "Should we have to proceed with this further we will vigorously defend the action.

    We further confirm this being our final correspondence should you not accept our offer. We suggest you seek legal advice from your legal counsel"

    I also called them and pretended to be a new client, they confirmed that they would pay out the 3rd party for damages and that there were no other special laws or clauses that i should know about.

    I also asked that they send me that specific recording, but they obviously wont. Do i stand a chance of getting them to sort this out, also who would pay for all legal expenses incurred?

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    Site Caretaker Dave A's Avatar
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    Starting to sound more and more like SA Eagle...

    Seriously, you're going to wear yourself out trying to engage them yourself.
    Yes, there is the matter of apportionment.
    No, they are not going to make a fair apportionment (if there is a case for it) without being bludgeoned to it.

    You know they're screwing you. And there's only one profession equipped to fix it.

    Hand it over to a lawyer.

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