Claim against Miway Insurance

<p>I refer to a previous review sent to Hellopeter.com re.this specific matter. </p> <p>Further discussion with Miway following my letter has not achieved much, besides a ridiculous settlement offer which I refuse to accept. </p> <p>I attach a letter I wrote in reply to their settlement explanation. This letter is self explanatory and I hope will serve to explain my case as it stands currently. </p> <p>I quote "<span style="font-family: Arial, sans-serif; font-size: 8pt;">. Hi Erna. Thank you for your feedback re. my claim as specified above.</span></p> <p dir="ltr" style="margin-right: 0cm; margin-left: 0cm; font-size: 8pt; font-family: Arial, sans-serif; color: #000000;">Please correct me in my conclusion of your correspondence. <br />In your letter you stated the retail value as R302,000.00 and trade as R262,600.00. <br />Market related value R282,300.00. (used in the offer) <br />The calculation and deduction of the so-called salvage amount is not clear to me. <br />In your calculation a 30% flat deduction was made from the R282,300.00, i. e. R81 000? <br />That leaves the final settlement amount a mere R191 000.<br />In my letter to Prenisha asking her to explain this to me, she sent me a letter with a rather complicated legal explanation,</p> <p dir="ltr" style="margin-right: 0cm; margin-left: 0cm; font-size: 8pt; font-family: Arial, sans-serif; color: #000000;">" In other words, to determine your salvage amount, we must compare the pre-collision value of your vehicle with its post-collision value. The difference would constitute your salvage amount. That salvage amount has cash value and must be deducted from our offer made to you. That means, we must use the true value of that specific wreck. In a delictual claim we only use the market value and not the retail value.<br />We further more used the correct market value as per the model of your vehicle and worked out the calculations on what is fair and reasonable.<br />As explained in my previous email due to you applying brakes suddenly and unnecessarily you contributed to the accident therefore the The Apportionment of Damages Act 34 of 1956 was app****. "</p> <p dir="ltr" style="margin-right: 0cm; margin-left: 0cm; font-size: 8pt; font-family: Arial, sans-serif; color: #000000;">Firstly, what is a delictual claim? <br />Secondly, the whole issue on salvage and the plaintiff having to keep the wreck and try get something for it was never ever discussed with me. <br />Mr vd Merwe, your client and a person himself in the second hand car dealing industry, has enquired from a reputable Mercedes dealership here in Malmesbury, what they would offer for the wreck. Their offer was for R50 000.00 <br />So the calculation of R81 000 is not correct, especially as no assessor from Miway came to inspect the vehicle to see what the post-collision value truly is. <br />Further can the " The Apportionment of Damages Act 34 of 1956" not be app**** as I did not contribute to the accident. I app**** brakes as I thought I saw a speed-up in the road, that can never be unnecessary, and despite me applying brakes, your client obviously did not keep a safe distance, was most probably over the allowed speed restriction and drove his bakkie into the back of my vehicle. <br />The fact that Regent had cancelled my insurance, unknowingly to me, due a returned debit order, should never be my disadvantage as an uninsured, in this claim<br />Bottomline, I was travelling safely in my vehicle, your client drove into my car from behind. Seven months later, without any form of transport, I am left with the following. <br />Settlement offer from Miway for R191 000, a wreck worth no more than R50 000.00. My settlement amount with Mercedes is R348<a style="color: purple;" href="http://000.so/">000.So</a> my shortfall is R158 000,and here is the irony, I have no vehicle to proof for anything. <br />I'm sure you would agree with me, no one would accept such a settlement.</p> <p dir="ltr" style="margin-right: 0cm; margin-left: 0cm; font-size: 8pt; font-family: Arial, sans-serif; color: #000000;">I am asking you therefor to reconsider this matter please. <br />I await your soonest response please. <br />Many thanks. <br />Regards " </p> <p><span style="font-family: Arial, sans-serif; font-size: 8pt;">Dr Dante Wessels</span></p> <p>PLEASE contact me at any time if you require more information from me. </p> <p>Many thanks. </p> <p>Yours sincerely </p> <p>Dr Dante Wessels </p>