[Question] Small Claims Court

[Pretoe957]

I have a third party claim agains an insurer. Their client reversed into my vehicle ... nobody was in my parked car. My vehicle was parked next to the driveway. Claims was submitted and insurer sent a settlement offer for a third of the damage. Actual damage R 17 000 and they offer R 7 980.

I consider using the small claims court for R 15 000. In order to have successful claim based on a settlement offer that is not fair and in good faith .... how do I set about it

[AndyD]

Take what the insurance company offers (not in full and final settlement) and take the driver to court in their personal capacity for the balance assuming they're unwilling to pay voluntarily.

[Dave A]

I rather doubt the insurance company will pay without signed acceptance of their offer. I suppose you could cross out the "full and final settlement" part, but I suspect it'll be a deal breaker.

[REAList]

What was the final outcome?
We can all learn from this.


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