New & Third Party Claim

[EbieWatts]

Hi All
I'm new, just registered as I was in a car accident 3 weeks ago and I need urgent advice or assistance.

The other driver skipped the red light and totalled my car. He has an insurance, I don't. I couldn't afford insurance and I can't afford the repairs to my car. To make matters worse, I live 50km from my work and I need to get to work every day. Thusfar I managed, but I can't borrow the car I'm using now for much longer.

I contacted his insurance and informed them of my claim, however, they responded with the following:
1. They are in the process of liquidation and will not be able to pay all claims; and
2. They will not be able to assist with my third party claim as their client did not follow policy procedures.

Please, I need urgent advice on this, if it's legal, if there's anything I can do, etc.

I also need to start a road accident claim with regards to back injuries and need some assistance with this.

Please, if anyone can assist or knows of the types of lawyers who specialises in these cases and takes a cut off the pay out let me know urgently. I can't afford any legal costs.

Best Regards,
Ebie Watts

[Jacob Zuma]

You can proceed with civil action against the wrongdoer but also join the driver insurer. On RAF you will need to do AMA assessment and find out if your injury falls within 30% (or more) scope. If it doesn't but you still feel it warrants payment in general damages then you follow the narrative route.

Sorry I am writing in a hurry

[Phil Cooper]

You say the Insurance company is in liquidation?

Who are they - I am not aware of any Insurer under those circumstances at the moment?

Please tell me more...

[EbieWatts]

You say the Insurance company is in liquidation?

Who are they - I am not aware of any Insurer under those circumstances at the moment?

Please tell me more...

Hi Phil,
The guy is with Anderson Insurance Underwriters or Saxum Insurance, not sure how this works. All they said about the liquidation is:

1. We cannot pick any claim registered by our client on the system.

2. Please find attached formal letter from management which is self explanatory:

Dear Sir/Madam
Payments due by Saxum Insurance Limited (“saXum”)
As you are no doubt aware, saXum has recently been experiencing financial difficulties and management have attempted to keep the market apprised of developments in this regard.
As a result of these difficulties, we have not always been able to make timeous payments to our clients and business partners, and this has inevitably led to dissatisfaction and anger for which we sincerely apologise.
We have been making urgent attempts to improve our financial position and we have received ongoing assistance from the Financial Services Board (“FSB”) to ensure that we comply with the Short-term Insurance Act at all times.
To date however we have unfortunately not been able to obtain the additional finance we require and we are therefore not able to pay the amount due to you.
We nevertheless continue in our efforts to resolve our situation and various options have been considered. These include the possible liquidation of the company which we have discussed with the FSB who would need to manage and guide us in this eventuality.
We apologise again for any distress which we may have caused to you and will keep you advised should our situation change.
Kind regards,
__________________
Dr. J.A.J Schalch
Executive Chairman

3. Hi Ebie

We have managed to retrieve our client’s claim.

Kindly be advised that our client did not comply with our policy conditions and therefore we cannot assist with your claim.

The attached letter explains that no further matters will be attend to by Saxum Insurance Company who are the Principals’ of Anderson Underwriters until the liquidation processes are finalised.

We trust the above to be in order.

4. Hi Ebie “WOP”

All claims regardless whether they are Third Party or Own damage claims are affected.

It is unfortunate that we cannot assist you with any legal assistance as this now depends entirely on your discretion at this point in time.

We hope the above in order.

[Phil Cooper]

Hi

I would lodge a complaint with the FSB.

But, if they are repudiating their client's claim, regrettably that will affect you - your claim is part of his claim.

All you can do is take legal action against him in his personal capacity to recover the damage - which may take forever.

Unfortunately, you are in the catch 22 position. People who cannot afford insurance actually cannot afford NOT to have insurance - if something like this happens you cannot afford to fix the vehicle either (NOT getting at you!).

You can get the Injury claim form for the RAF off their website. But according to the press they are R147-bn in the red....

[EbieWatts]

Hi

I would lodge a complaint with the FSB.

But, if they are repudiating their client's claim, regrettably that will affect you - your claim is part of his claim.

All you can do is take legal action against him in his personal capacity to recover the damage - which may take forever.

Unfortunately, you are in the catch 22 position. People who cannot afford insurance actually cannot afford NOT to have insurance - if something like this happens you cannot afford to fix the vehicle either (NOT getting at you!).

You can get the Injury claim form for the RAF off their website. But according to the press they are R147-bn in the red....

Hi Phil

Thank you kindly for all the information, it is really appreciated!

Yes, two others also advised to take legal action against the driver, but also that this will take years & I will most probably never get anything out of him.

And yes, I couldn't afford insurance but also couldn't afford to be without it. Regret always comes too late. I now wish I made a plan & rather go without something else.

RAF in arrears? OMW... not good! I went to the doctor yesterday as I started to get a lame feeling in my back and legs. Luckily the neck and back injuries is not too severe, but doctor also diagnosed me with a concussion and perforated eardrums! And overstressed. So now there's even more injury than initially thought...