3rd Party Insurance Claim

[rfnel]

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).

[IanF]

Can't you use the small claims court? Or is the amount too big?

[tasch_a]

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.

[msmoorad]

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

[Justloadit]

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.

[Dave A]

get an attorney involved now

Absolutely agree.

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.

[msmoorad]

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?

[flaker]

thanks

again, money is the issue- would the lawyers accept my case & get their money out of this lady/her insurance co?

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.

[Dave A]

again, money is the issue- would the lawyers accept my case & get their money out of this lady/her insurance co?

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.

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.

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

[Phil Cooper]

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!

[msmoorad]

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.

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

[msmoorad]

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.

[Dave A]

just experienced it
they charged me R2700!

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.

[msmoorad]

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

[flaker]

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.