3rd Party Insurance Claim

[Santosh]

If am am correct, for example if the quote to repair is R15000 then
90% of my claim is R13500.00
10% of their damages is R3357.63

They will be liable for R10142.37

But will they not claim on grounds of car book value for writing it off instead of quote to repair.

[Dave A]

But will they not claim on grounds of car book value for writing it off instead of quote to repair.

Indeed! The question is whether the issue of "beyond economic repair" should come up before or after apportionment.

Your counter-argument is that apportionment should be done on an apples for apples basis, i.e. cost of repair vs cost of repair. And certainly not on the apples for oranges basis the insurance company would prefer.

The only reason the issue of beyond economic repair comes up at all is because of the low value of your vehicle. After all, your repair cost is less than the other party's - why else should you not be entitled to repair your vehicle rather than "replace" it?

Now that an apportioned liability has been identified on an even basis, the insurance company can commence arguing for a reduction of their nett liability to you based on the value of the vehicle less salvage, reducing their liability from R10 142.37 (per your calculation above) to R6265 (value less salvage).

Hopefully an insurance or legal expert might weigh in on precedents for or against this argument (it's possible I might be barking up the wrong tree here), so please don't take this as "sound legal advice", merely an argument you might consider presenting to improve your position.

What might improve your prospects regardless is the figure remains low enough to take to small claims court...

[Santosh]

Thank you for the advice however they have sent me a reviewed offer after i submitted the towing and storage invoice whereby they have decided on appotionment payment but state the insurer is willing to pay full storage fees. They state the offer is valid for 2 days and will be withdrawn thereafter, however the release attachement states the offer is valid for 14 days. I have raised the option of submitting quotations for repairs.

Honestly, i am at my wits end. I work night shift and need my car to travel to and from work also i am sure they will opt for the salvage option if the repair costs are higher than book value.

[stephderm]

Hi - I hope this is in the right place - if not please forgive me and I'll take any advice! I was recently involved in a fairly scary motor accident which was declared by the Police and all involved to be 100% NOT my fault. I don't hold motor insurance however the other party's company has come back to me to say that the driver (who almost hit me head-on on the wrong side of the road) is claiming that he had a blackout and that the claim is not their problem and they won't be paying out. Can this be right? If so, what should I do now? I have no vehicle, and no come-back it seems. My 82 year old father was in the car with me - it is a right-off according to all the companies I contacted for quotes. The insured driver has been paid in full it seems. I have never had any kind of major accident before (trolley dings etc.) but I am at a complete loss and would so appreciate any assistance or advice. Many thanks for your time - you seem like a good bunch of people.

[Phil Cooper]

In order for you to be able to claim against another driver, you have to be able to prove negligence on their side.

No negligence = no fault = no claim against them.

THAT is the problem with not carrying insurance. If the other driver is not at fault, you have no claim against them, and have to carry your own loss....

[stephderm]

Thank you so much for your prompt reply and I do understand the importance of insurance - unfortunately it lapsed whilst I was in the UK. What I am stuggling to understand is why the burden of proof is not on the driver at fault to prove that he had a black-out. I'm not sure how he would go about this. If he had a history of blackouts etc. it was clearly negligent of him to be driving at all. If I need to bear the loss I will make it my life's mission to ensure that this young guy NEVER drives again. My father and I were millimeters from death and we are both still shaken.

[flaker]

Hang on Stephderm. it appears from what you say that the other party is insured, but his company (insurance) refuse to pay your claim,saying that their client suffered a "black- out'. Get this in writing from them and take this letter to an attorney & instruct the attorney to issue a summons for your claim against the other party.
My sense is that the other driver's insurance will soon settle.

[stephderm]

Thank you for you interest in this - I really appreciate all replies. Yes, the other party is insured and in fact when we rang the claims department to query why we hadn't heard anything, they thought we WERE the insured party and confirmed that their claim had been settled in full. I feel that a great many at-fault drivers could 'claim blackouts' after the event - how is it possible to distinguish between a 'blackout' and falling asleep at the wheel? No mention of blackout was made at the scene. Upshot, through no fault of my own, I am without a very useful and much loved little vehicle. Again, thanks for your advice.

[sterne.law@gmail.com]

He will have to prove a blackout.
If there is a history of blackouts then an element of negligence presents itself.

[stephderm]

I don't know just how he would 'prove' a blackout -v- loss of concentration/falling asleep, DUI etc. If I were him, I don't think I would be too keen to have a history of causing a major collision due to blackouts on my driving record. If he goes this route I will personally see to it that he never gets behind the wheel of a car again. (My car is a write off - his flipped and was only prevented from going down a steep ravine by a strategically placed tree - so we're not talking bumper damage). I can't thank you all enough for your information and reassurance - it's new territory for me and I feel much more equipped to deal with what I imagine will be a protracted case.