Claims administration

<p>Miway insurance knows how to frustrate a third party, when you need answers/explanation of their process from their side they become angry and not assist.</p> <p> </p> <p>i requested clarity regarding qoutations submitted to them and the one approved by them.</p> <p> </p> <p>i didnt say i reject the offer of VDS payout , i said i didnt take my vehicle to VDS for qoutes how did they qoute, i didnt say i rejected the offer.</p> <p> </p> <p>no i signed and returned the RELEASE forms that states that i have 20days to reject it.</p> <p> </p> <p>please respond accordingly</p> <p> </p> <p>regards</p> <p> </p> <p>Xoliswa Ndaba</p> <p> </p> <p>Hi</p> <p> </p> <p>I send you emails, you don’t respond, then you will say I must communicate with you only,</p> <p> </p> <p>Please respond to my emails before the end of the day.</p> <p> </p> <p>Regards</p> <p>Xoliswa</p> <p> </p> <p>From: Xoliswa Ndaba <br /> Sent: 28 July 2017 09:29 AM<br /> To: Marietjie Jacobs ********** ********** /> Cc: LegDocs ********** ClaimsComplaints ********** /> Subject: FW: C863612 - details of Randfontein PB - response</p> <p> </p> <p>Morning</p> <p> </p> <p>You explained to me the process that you are using at Miway and I understood them.</p> <p> </p> <p>Would you kindly update me on the offer that I took regarding my claim.</p> <p> </p> <p>I wont take the vehicle to Randfontein Panelbeaters.</p> <p> </p> <p> </p> <p>Regards</p> <p> </p> <p> </p> <p> </p> <p> </p> <p>From: Xoliswa Ndaba <br /> Sent: 27 July 2017 05:18 PM<br /> To: ClaimsComplaints ********** /> Cc: Marietjie Jacobs ********** ********** LegDocs ********** /> Subject: FW: C863612 - details of Randfontein PB - response</p> <p> </p> <p>Good afternoon</p> <p> </p> <p>I’m accepting the first offer of R 31 000, as it still under 20 days .</p> <p>I don’t accept the Randfontein panelbeater offer,</p> <p> </p> <p>I have a copy of a signed release and bank statement. </p> <p> </p> <p> </p> <p>Regards</p> <p> </p> <p> </p> <p>From: Xoliswa Ndaba <br /> Sent: 27 July 2017 03:10 PM<br /> To: Marietjie Jacobs ********** ********** /> Cc: ClaimsComplaints ********** LegDocs ********** /> Subject: FW: C863612 - details of Randfontein PB - response</p> <p> </p> <p> </p> <p> </p> <p>From: Xoliswa Ndaba <br /> Sent: 27 July 2017 01:25 PM<br /> To: 'Marietjie Jacobs'<br /> Cc: LegDocs<br /> Subject: RE: C863612 - details of Randfontein PB - response</p> <p> </p> <p>Hi</p> <p> </p> <p> </p> <p>That was the last correspondence I had with you and I signed the RELEASE Foms. As requested.</p> <p> </p> <p>Regards</p> <p> </p> <p> </p> <p> </p> <p> </p> <p>From: Xoliswa Ndaba <br /> Sent: 26 July 2017 02:57 PM<br /> To: 'Marietjie Jacobs'<br /> Cc: LegDocs<br /> Subject: RE: C863612 - Response</p> <p> </p> <p>Thank you for explaining the whole process .</p> <p> </p> <p> </p> <p> </p> <p>From: Marietjie Jacobs ********** <br /> Sent: 26 July 2017 02:08 PM<br /> To: Xoliswa Ndaba<br /> Cc: LegDocs<br /> Subject: C863612 - Response</p> <p> </p> <p>Good day Xoliswa</p> <p> </p> <p>With reference to your mail below.</p> <p> </p> <p>Kindly note that we have to appoint our own Assessor to assess the damages to make sure the quotations sent are fair and reasonable as Panel Beaters tend to inflate their prices and our client cannot be held legally liable for inflated prices.</p> <p> </p> <p>The Assessor works in accordance with our suggested Panel Beater in order to compile the report. No list of Panel Beaters were provided as you can go to any Panel Beater of your choice.</p> <p> </p> <p>The assessor, who did the assessment as was provided to you, is an independent specialist in assessing the reasonable cost of repairs resulting from an accident. Our client is legally liable for damages in accordance with the law of delict. </p> <p> </p> <p>We refer you to the Delictual Liability in Motor Law by WE Cooper published by JUTA & CO, LTD 1996:</p> <p> </p> <p>"An owner is entitled to a sum of money (damages) which will place him in the financial position he would have been in if his vehicle had not been damaged. The object of an award is to compensate the owner for material loss, not to improve his material prospects. In other words the owner is entitled to claim his negative intersess (interest)."</p> <p> </p> <p>"A party who bases his claim for damages on the cost of repairs must prove:</p> <p> </p> <p>(a) that the repairs were necessary as a result of the collision, and</p> <p>(b) that the charges for repairing the damage were fair and reasonable.</p> <p> </p> <p>To establish the reasonableness of the charges and the necessity for the repairs it is not sufficient to prove a quotation."</p> <p> </p> <p>We refer to the case of Scrooby v Engelbrecht 1940 TPD 100 wherein precedent was laid down that a party who bases his claim for damages on the cost of repairs, must prove not only that the repairs were necessary as a result of the collision, but also that the charges for repairing the vehicle were fair and reasonable. Ramsbottom J (as he then was) stated in this matter that the defendant's (in this matter our client) liability to pay is the true cost of the repairs and not what the plaintiff (in this matter yourself) has paid or is willing to pay.</p> <p> </p> <p>We refer you back to the Delictual Liability in Motor Law by WE Cooper published by JUTA & CO, LTD 1996:</p> <p> </p> <p>"Where a party obtains various quotations and claims the lowest figure quoted for the repairs the court is not entitled to draw the inference that the amount claimed is reasonable because, as pointed out, all the quotations may be unreasonable ..."</p> <p> </p> <p>"Where the damaged vehicle has not been repaired the plaintiff..." (in this matter yourself) "...must normally rely on the estimate of a person who is prima facie experienced in the trade and that person is entitled to say that he estimates the cost on what he knows is likely to happen and what he thinks will be the proper amount of expenditure."</p> <p> </p> <p>"..where it is feasible - reasonable, practicably and economically - to restore a damaged vehicle to its pre-collision condition by making use of readily available used parts the plaintiff is not entitled to the cost of new parts which would enhance the pre-collision value of the vehicle: he is merely entitled to the cost of the used parts."</p> <p> </p> <p>In this matter you are the plaintiff and our client is the defendant, as the plaintiff the onus of proof is on yourself to prove that the damage you are claiming is:</p> <p> </p> <p>(a) necessary as a result of the collision, and</p> <p>(b) that the charges for repairing the damage is fair and reasonable.</p> <p> </p> <p>In view of the above it is evident that providing quotations of the damage from a panel beater is not sufficient proof. We have provided you with a report from an independent specialist in this field proving that the quotations you provided is not reasonable. The assessor as a specialist on his field will be able to testify in court to this effect.</p> <p> </p> <p>As the claimant, should you not agree with the evidence provided by the defendant (ourselves on behalf of our client) the onus of proof is on yourself to prove your case by providing contradicting expert evidence. The cost of obtaining this evidence is not recoverable. In other words we on behalf of our client cannot be held liable for your cost in proving your quantum (by obtaining an expert's opinion). </p> <p> </p> <p>Should you have any further queries, please do not hesitate to contact me. </p> <p> </p> <p> </p> <p>Please note that all emails and attachments sent from this mailbox are sent on a without prejudice basis and are subject to all of our (and our insured’s) existing rights which are hereby expressly reserved.</p> <p> </p> <p> </p> <p>Kind regards,<br />Marietjie Jacobs<br />Legal Advisor<br />t: ********** <br /> | <br />f: ********** <br /> | <br ********** /> <br /> </p> <p> </p> <p>From: Xoliswa Ndaba ********** <br /> Sent: 26 July 2017 9:45 AM<br /> To: Marietjie Jacobs ********** /> Cc: LegDocs ********** /> Subject: RE: C863612 - Release</p> <p> </p> <p>Hi</p> <p> </p> <p>We didn’t do a quotation with VDS, how did they quote on my vehicle when they didn’t see it.</p> <p> </p> <p>Did you send them other quotes and worked on that without checking the vehicle?</p> <p> </p> <p>Regards</p> <p> </p> <p> </p> <p>From: Marietjie Jacobs ********** <br /> Sent: 27 July 2017 12:04 PM<br /> To: Xoliswa Ndaba<br /> Cc: LegDocs<br /> Subject: C863612 - details of Randfontein PB - response</p> <p> </p> <p>Good day</p> <p> </p> <p>Unfortunately we cannot use the same authorisation forms. As discussed this morning, we would rather pay the Panel Beater directly to make sure that all incident related damages are repaired.</p> <p> </p> <p>Please advise whether you are willing to take your vehicle to Randfontein Panel beaters.</p> <p> </p> <p>Kindly also direct all correspondence to me directly.</p> <p> </p> <p>Please note that all emails and attachments sent from this mailbox are sent on a without prejudice basis and are subject to all of our (and our insured’s) existing rights which are hereby expressly reserved.</p> <p> </p> <p> </p> <p>Kind regards,<br />Marietjie Jacobs<br />Legal Advisor<br />t: ********** <br /> | <br />f: ********** <br /> | <br ********** /> <br /> </p> <p> </p> <p>From: Kathleen Samarov On Behalf Of ClaimsComplaints<br /> Sent: 27 July 2017 11:59 AM<br /> To: Marietjie Jacobs ********** /> Cc: LegDocs ********** /> Subject: C863612 - details of Randfontein PB</p> <p> </p> <p> </p> <p> </p> <p>From: Xoliswa Ndaba ********** <br /> Sent: Thursday, July 27, 2017 11:51 AM<br /> To: ClaimsComplaints ********** /> Subject: FW: C863612 - details of Randfontein PB</p> <p> </p> <p> </p> <p>Morning</p> <p>Would you kindly send me the new RELEASE form that I must sign for Randfontein Panelbeaters, VDS or Denamar.</p> <p> </p> <p>The same forms we used on VDS can we use it on all the other Panelbeaters.</p> <p> </p> <p>Regards</p> <p> </p> <p>Xoliswa Ndaba</p> <p> ********** 725</p> <p> </p> <p>From: Xoliswa Ndaba <br /> Sent: 27 July 2017 11:15 AM<br /> To: 'Marietjie Jacobs'<br /> Cc: LegDocs<br /> Subject: RE: C863612 - details of Randfontein PB</p> <p> </p> <p>Good Morning</p> <p> </p> <p>Would you kindly send me the Release forms for authorisation that you send me when you approved VDS.</p> <p> </p> <p>Regards</p> <p> </p> <p> </p> <p> </p> <p>From: Marietjie Jacobs ********** <br /> Sent: 27 July 2017 09:31 AM<br /> To: Xoliswa Ndaba<br /> Cc: LegDocs<br /> Subject: C863612 - details of Randfontein PB</p> <p> </p> <p>Good day</p> <p> </p> <p>As discussed, you can take your vehicle to Randfontein Panel Beaters:</p> <p> </p> <p>Contact person: Bernadette van der Heever – ********** <p> ********** 267</p> <p>106 Fedler Street Randfontein - Randfontein - Gtg ********** 0</p> <p> </p> <p>Kindly inform me once same has been done.</p> <p> </p> <p>Please note that all emails and attachments sent from this mailbox are sent on a without prejudice basis and are subject to all of our (and our insured’s) existing rights which are hereby expressly reserved.</p> <p> </p> <p> </p> <p>Kind regards,<br />Marietjie Jacobs<br />Legal Advisor<br />t: ********** <br /> | <br />f: ********** <br /> | <br ********** /> <br /> </p> <p> </p> <p>From: Marietjie Jacobs <br /> Sent: 27 July 2017 7:05 AM<br /> To: 'Xoliswa Ndaba' ********** /> Cc: LegDocs ********** /> Subject: C863612 - update</p> <p> </p> <p>Good day</p> <p> </p> <p>The matter was referred to management and we are busy re-looking the assessment and will proceed to appoint a panel beater to assist with the incident related damage our client is liable for.</p> <p> </p> <p>I will revert shortly. </p> <p> </p> <p> </p> <p>Please note that all emails and attachments sent from this mailbox are sent on a without prejudice basis and are subject to all of our (and our insured’s) existing rights which are hereby expressly reserved.</p> <p> </p> <p> </p> <p>Kind regards,<br />Marietjie Jacobs<br />Legal Advisor<br />t: ********** <br /> | <br />f: ********** <br /> | <br ********** /> <br /> </p> <p> </p> <p>From: Xoliswa Ndaba ********** <br /> Sent: 26 July 2017 2:57 PM<br /> To: Marietjie Jacobs ********** /> Cc: LegDocs ********** /> Subject: RE: C863612 - Response</p> <p> </p> <p>Thank you for explaining the whole process .</p> <p> </p> <p> </p> <p> </p> <p>From: Marietjie Jacobs ********** <br /> Sent: 26 July 2017 02:08 PM<br /> To: Xoliswa Ndaba<br /> Cc: LegDocs<br /> Subject: C863612 - Response</p> <p> </p> <p>Good day Xoliswa</p> <p> </p> <p>With reference to your mail below.</p> <p> </p> <p>Kindly note that we have to appoint our own Assessor to assess the damages to make sure the quotations sent are fair and reasonable as Panel Beaters tend to inflate their prices and our client cannot be held legally liable for inflated prices.</p> <p> </p> <p>The Assessor works in accordance with our suggested Panel Beater in order to compile the report. No list of Panel Beaters were provided as you can go to any Panel Beater of your choice.</p> <p> </p> <p>The assessor, who did the assessment as was provided to you, is an independent specialist in assessing the reasonable cost of repairs resulting from an accident. Our client is legally liable for damages in accordance with the law of delict. </p> <p> </p> <p>We refer you to the Delictual Liability in Motor Law by WE Cooper published by JUTA & CO, LTD 1996:</p> <p> </p> <p>"An owner is entitled to a sum of money (damages) which will place him in the financial position he would have been in if his vehicle had not been damaged. The object of an award is to compensate the owner for material loss, not to improve his material prospects. In other words the owner is entitled to claim his negative intersess (interest)."</p> <p> </p> <p>"A party who bases his claim for damages on the cost of repairs must prove:</p> <p> </p> <p>(a) that the repairs were necessary as a result of the collision, and</p> <p>(b) that the charges for repairing the damage were fair and reasonable.</p> <p> </p> <p>To establish the reasonableness of the charges and the necessity for the repairs it is not sufficient to prove a quotation."</p> <p> </p> <p>We refer to the case of Scrooby v Engelbrecht 1940 TPD 100 wherein precedent was laid down that a party who bases his claim for damages on the cost of repairs, must prove not only that the repairs were necessary as a result of the collision, but also that the charges for repairing the vehicle were fair and reasonable. Ramsbottom J (as he then was) stated in this matter that the defendant's (in this matter our client) liability to pay is the true cost of the repairs and not what the plaintiff (in this matter yourself) has paid or is willing to pay.</p> <p> </p> <p>We refer you back to the Delictual Liability in Motor Law by WE Cooper published by JUTA & CO, LTD 1996:</p> <p> </p> <p>"Where a party obtains various quotations and claims the lowest figure quoted for the repairs the court is not entitled to draw the inference that the amount claimed is reasonable because, as pointed out, all the quotations may be unreasonable ..."</p> <p> </p> <p>"Where the damaged vehicle has not been repaired the plaintiff..." (in this matter yourself) "...must normally rely on the estimate of a person who is prima facie experienced in the trade and that person is entitled to say that he estimates the cost on what he knows is likely to happen and what he thinks will be the proper amount of expenditure."</p> <p> </p> <p>"..where it is feasible - reasonable, practicably and economically - to restore a damaged vehicle to its pre-collision condition by making use of readily available used parts the plaintiff is not entitled to the cost of new parts which would enhance the pre-collision value of the vehicle: he is merely entitled to the cost of the used parts."</p> <p> </p> <p>In this matter you are the plaintiff and our client is the defendant, as the plaintiff the onus of proof is on yourself to prove that the damage you are claiming is:</p> <p> </p> <p>(a) necessary as a result of the collision, and</p> <p>(b) that the charges for repairing the damage is fair and reasonable.</p> <p> </p> <p>In view of the above it is evident that providing quotations of the damage from a panel beater is not sufficient proof. We have provided you with a report from an independent specialist in this field proving that the quotations you provided is not reasonable. The assessor as a specialist on his field will be able to testify in court to this effect.</p> <p> </p> <p>As the claimant, should you not agree with the evidence provided by the defendant (ourselves on behalf of our client) the onus of proof is on yourself to prove your case by providing contradicting expert evidence. The cost of obtaining this evidence is not recoverable. In other words we on behalf of our client cannot be held liable for your cost in proving your quantum (by obtaining an expert's opinion). </p> <p> </p> <p>Should you have any further queries, please do not hesitate to contact me. </p> <p> </p> <p> </p> <p>Please note that all emails and attachments sent from this mailbox are sent on a without prejudice basis and are subject to all of our (and our insured’s) existing rights which are hereby expressly reserved.</p> <p> </p> <p> </p> <p>Kind regards,<br />Marietjie Jacobs<br />Legal Advisor<br />t: ********** <br /> | <br />f: ********** <br /> | <br ********** /> <br /> </p> <p> </p> <p>From: Xoliswa Ndaba ********** <br /> Sent: 26 July 2017 9:45 AM<br /> To: Marietjie Jacobs ********** /> Cc: LegDocs ********** /> Subject: RE: C863612 - Release</p> <p> </p> <p>Hi</p> <p> </p> <p>We didn’t do a quotation with VDS, how did they quote on my vehicle when they didn’t see it.</p> <p> </p> <p>Did you send them other quotes and worked on that without checking the vehicle?</p> <p> </p> <p>Regards</p> <p> </p> <p> </p> <p>From: Marietjie Jacobs ********** <br /> Sent: 25 July 2017 03:26 PM<br /> To: Xoliswa Ndaba<br /> Cc: LegDocs<br /> Subject: C863612 - Release</p> <p> </p> <p>Good day </p> <p> </p> <p>I enclose herewith the Release for your signature and the Assessment Report with the suggested Panel beater.</p> <p> </p> <p>Kindly return he signed document together with proof of banking details.</p> <p> </p> <p> </p> <p>Please note that all emails and attachments sent from this mailbox are sent on a without prejudice basis and are subject to all of our (and our insured’s) existing rights which are hereby expressly reserved.</p> <p> </p> <p> </p> <p>Kind regards,<br />Marietjie Jacobs<br />Legal Advisor<br />t: ********** <br /> | <br />f: ********** <br /> | <br ********** /> <br /> </p> <p> </p> <p> </p> <p>From: Xoliswa Ndaba ********** <br /> Sent: 21 July 2017 7:53 AM<br /> To: Liabilities ********** ********** Melani Beytell ********** /> Subject: FW: C863612 --- Awaiting / AFF or NCL / Signed Letter ///</p> <p> </p> <p>Good morning</p> <p> </p> <p>Would you kindly update us on the status of this claim.</p> <p> </p> <p>Regards</p> <p> </p>