DM
Dane M

1 reviews | Active since Sept 2020

01 Dec 2020, 21:07

3rd Party Claim - Money for damages not received.

It has been almost 2 months since I've submitted my documentation for a third party claim with a client of yours that is liable for the damages to my car and I'm always told that you couldn't get a hold of him and then my lawyer called and you told him you've given your client 7 days to authorise your claim and you would pay out the money to me by Monday. I still haven't received anything and I need my car repaired. I will be doing a follow up on this, I would appreciate an answer and a payout very very soon.

0
Replies (5)
Auto & General
Auto & General's reply01 Dec 2020, 21:47
Official
Hi Dane, 

We would like to apologize for the service.

Please provide us with our clients details policy/ID or cell number so we can trace the information and assist you further.


Kind Regards,
The Auto & General 
DM
Dane M's update02 Dec 2020, 10:45
Reviewer Update
UPDATE: Auto & General still has not responded or provided me with an update regarding the claim. They try to delay the process as long as they can, hoping you will forget about it.
Auto & General
Auto & General's reply02 Dec 2020, 12:40
Official
Hi Dane,

Please note that your matter was escalated to our team.

They will contact you with feedback.

Kind Regards,
The Auto & General Team
DM
Dane M's update03 Dec 2020, 10:54
Reviewer Update
UPDATE 3 DEC 2020 (From AUTO & GENERAL) - We refer to the above matter.
According to the information at our disposal it would appear that our client was not the sole cause of
the accident.
We wish to point out that a person in control of a vehicle must:
1. travel at an appropriate speed;
2. keep a proper look out
3. enter an intersection at a time when it is safe to do so
We refer to Smit v SA Eagle Insurance Co Ltd 1986(2) SA 314(SE) wherein the court held that an
approaching driver was negligent for not observing the oncoming vehicle executing a right-hand turn in front of him and subsequently not taking any evasive action.
The fact that a driver may have right of way, does not absolve him from his duty to be vigilant. Once an approaching driver has begun to execute a right-hand turn, then a definite duty would rest on the through street driver to watch carefully and to take all such steps as may be necessary to avoid a collision.
On the premises there is no evidence that you had taken such reasonable steps to avoid the accident.
In order to resolve this matter amicably and to avoid incurring unnecessary legal costs, we are prepared to make an offer of towards your damages, which is tantamount to a 60% straight
Our calculations as follows:
(assessed amount) *60%(apportionment)=

My response:
Good day,

This is completely unacceptable.
I will challenge this, in no way was your client in the right, he is 100% at fault.
The witnesses and the police officer are all in agreement that your client is at fault.

I was extremely vigilant on the road, I had oncoming traffic on the side of me and behind me, and the second your client took a chance and came out of nowhere in front of me I hit emergency brakes as hard as I could to avoid the accident. The first rule of the road is you don't turn into oncoming traffic. Your client was not vigilant in the situation watching the traffic from both sides especially from my lane, nor did he attempt to perform a turn safely. What he did have the right to do was creep forward to see if it was safe to go then turn, but he didn't he just went for it. The witnesses also told him not to go, so in no way or any setting is he in the right in the situation.

I look forward to your response.
Many thanks!

The quotes that I have submitted is 3x more than what they were offering to pay me out. It cannot even cover a fraction of the damages to my car.

Not a fair compromise at all!
Auto & General
Auto & General's reply09 Dec 2020, 08:24
Official
Hi Dane,

We confirm that our Customer Relation Specialist made contact with you and discussed the outcome of your complaint.
 

You are welcome to contact us should you wish to discuss the matter further. 
 
 
Kind Regards, 
The Auto & General Team