Results 1 to 4 of 4

Thread: Small Claims Court

Hybrid View

Previous Post Previous Post   Next Post Next Post
  1. #1
    New Member
    Join Date
    Oct 2017
    Location
    Nelspruit
    Posts
    1
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Small Claims Court

    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

  2. #2
    Diamond Member AndyD's Avatar
    Join Date
    Jan 2010
    Location
    Cape Town
    Posts
    4,923
    Thanks
    576
    Thanked 934 Times in 755 Posts
    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.
    _______________________________________________

    _______________________________________________

  3. #3
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    22,648
    Thanks
    3,304
    Thanked 2,676 Times in 2,257 Posts
    Blog Entries
    12
    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.

  4. #4
    Junior Member
    Join Date
    Dec 2017
    Location
    Witbank
    Posts
    14
    Thanks
    2
    Thanked 0 Times in 0 Posts
    What was the final outcome?
    We can all learn from this.


    Sent from my iPad using Tapatalk Pro

Similar Threads

  1. Travel claims -
    By missaccountant in forum Accounting Forum
    Replies: 3
    Last Post: 23-Mar-17, 11:06 AM
  2. Legal Advice Small Claims Court Letter
    By Jpaul25 in forum General Business Forum
    Replies: 6
    Last Post: 17-May-16, 02:41 PM
  3. Warranty claims
    By ians in forum General Business Forum
    Replies: 3
    Last Post: 12-Mar-14, 08:44 PM
  4. Small claims court
    By garthu in forum General Chat Forum
    Replies: 6
    Last Post: 28-Jan-11, 07:42 AM
  5. Smal claims court increase limit
    By sterne.law@gmail.com in forum General Business Forum
    Replies: 2
    Last Post: 08-Nov-10, 09:47 AM

Tags for this Thread

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •