1 reviews | Active since Jan 2025
Declined insurance
On the 17th of July my driver was hit by motor bike , the car was stationary waiting for oncoming traffic and he was indicating to the right , the motor bike was behind him and it overtakes the cars and hits it from the back door my car has scratches and it’s damaged on the back door still brand new , the guy is insured with king price they asked for the documents quotes and car pictures , they asked me to wait for 3 weeks , 3 weeks passed and it’s Been now a month feedback came back they say my driver was at fault they owe me R56000 and I owe them R9000 they said 70:30 percentage the claim has been declined because they say my driver was negligent and the speed he was driving at , mind you the car was stationary, I disputed that now today they say they are not a straight forward insurance that pays everything type of claim they are a legal team in actual fact they do not want to pay or fix my car
Please remember that a third-party claim is considered a legal claim and is not a normal insurance claim, thus legal principles are app****.
To determine what the client is “legally responsible” to pay for, consideration needs to be given to the obligations placed on a person in control of a vehicle traveling on the public roads as derived from the principles contained in the Law of Delict. In accordance with these principles the action of each party involved in any specific incident (irrespective whether they had right of way or not) is measured against that of a reasonable person under similar circumstances. Should the person’s action in the incident deviate from the action of a reasonable person under the same circumstance, the person’s action is seen as negligent.
Therefore in this instance an apportionment was app**** hence the reason for only a percentage of the claim being approved.
Considering how the accident occurred our legal team are of the opinion that this is a fair and reasonable offer.
Please remember that a third-party claim is considered a legal claim and is not a normal insurance claim, thus legal principles are app****.
To determine what the client is “legally responsible” to pay for, consideration needs to be given to the obligations placed on a person in control of a vehicle traveling on the public roads as derived from the principles contained in the Law of Delict. In accordance with these principles the action of each party involved in any specific incident (irrespective whether they had right of way or not) is measured against that of a reasonable person under similar circumstances. Should the person’s action in the incident deviate from the action of a reasonable person under the same circumstance, the person’s action is seen as negligent.
Therefore in this instance an apportionment was app**** hence the reason for only a percentage of the claim being approved.
Considering how the accident occurred our legal team are of the opinion that this is a fair and reasonable offer.
