Results 1 to 4 of 4

Thread: 3rd Party insurance

  1. #1
    New Member
    Join Date
    Nov 2017
    Location
    Johannesburg
    Posts
    1
    Thanks
    0
    Thanked 0 Times in 0 Posts

    3rd Party insurance

    Good Afternoon

    Could anyone please tell me if the below law is correct in the South African context.

    If the incident occurs when automobile B is entering a road from a private road or a driveway and automobile A is passing the private road or driveway and, if there are no traffic signals or signs, the driver of automobile A is not at fault and the driver of automobile B is 100 per cent at fault for the incident.

    Thank You

  2. #2
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    22,201
    Thanks
    3,211
    Thanked 2,618 Times in 2,205 Posts
    Blog Entries
    12
    Could the driver of automobile "A" have taken any action to avoid the accident?

  3. #3
    Diamond Member AndyD's Avatar
    Join Date
    Jan 2010
    Location
    Cape Town
    Posts
    4,849
    Thanks
    565
    Thanked 917 Times in 741 Posts
    Not as clear cut as you may think. There's case law surrounding various circumstances where the driver with the 'right of way' had a duty to be aware of the driver in the wrong and to have avoided the accident or attempt to have avoided the accident.

    The case law is regularly quoted by insurance companies as reason for them to decide to apportion blame and therefore costs, especially in the case of 3rd party claims. Reading between the lines I'm guessing this might be the case with you.

    Alas, often their application of this case law is skewed and not directly applicable to the circumstances of a particular accident. I've encountered this on more than one occasion and each time I've handed it to our lawyers and sucessfully litigated.

    Neuhaus v Bastion Insurance Company 1968

    Marine & Trade Insurance co Ltd v Biyasi 1981

    Rondalia Assurance Corporation of South Africa Ltd v Page and Others 1975

    See also Venter v Dickson 1965

    Some more light reading
    _______________________________________________

    _______________________________________________

  4. Thank given for this post:

    Blurock (19-Mar-21), Dave A (26-Nov-17)

  5. #4
    New Member
    Join Date
    Mar 2021
    Location
    Randfontein
    Posts
    1
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Hi Andy. I have the same issue with Old Mutual Insure. Is there a lawyer that you can refer me to

Similar Threads

  1. 3rd Party Insurance Claim
    By MadJan in forum General Chat Forum
    Replies: 58
    Last Post: 15-Jun-18, 09:55 AM
  2. Replies: 6
    Last Post: 02-Nov-17, 05:07 PM
  3. [Question] Business insurance or Commercial Insurance?
    By SilverNodashi in forum General Business Forum
    Replies: 2
    Last Post: 16-May-17, 01:04 PM

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
  •