Failed to make a decision (B243/17F)
<p>Its just that i could not give them a zero for the service and the response i got from the ombudsman. I logged a complaint with them after my insurer rejected my claim because they said i was travelling over the speed limit before my accident. I have proved that the calculation they did to calculate the speed travelled is incorrect as it is in contradiction with Vehicle Dynamics literature (textbooks) and the manufacturer of the car who is saying the values in their car cannot be used to determine the speed travelled. The writer of the report could not give any reference to his report at all and he used values obtained in the car to calculate the speed, which is against what the manufacturer of the car said. He also contradicted himself saying that if one used conventional methods the person would get to a different answer which on it's own is evidance enough that the calculation is wrong because the answers are supposed to be the same irrespective of the method used to get to the answer. I also provided them with proof of photos at a scene which proved the report further wrong because the report said the car rotated counter clockwise 360 degrees but the photo confirms that the car actually rotated clockwise less than 180 degrees. I also provided them e-toll transactions confirming the speed i was travelling at which is well less than the speed limit. All these evidance prove beyond any doubt that the report is incorrect and it proves that the insurance is indeed using incorrect information to conclude on a claim. But the Ombudsman said they could make a decision regardless of the proof that i provided. I dont understand why the ombudsman cannot decide whether the insurer concluded on incorrect information or not because the evidence i provided is clear. </p>
Dear Mr Bilankulu
All the things you raise in your complaint are a clear indication that the matter involves disputes of fact regarding the speed at which your vehicle was travelling, how the accident occurred and whether or not the insurer would accordingly be entitled to decline liability for the claim.
It is also clear from your own description on this platform that expert evidence is required to establish the facts in dispute. Our office does not have the mechanism to have expert evidence properly tested. This is usually done using a method called the examination and cross examination of witnesses. Courts are the appropriate forum where this can be done.
As explained in our correspondence to you, your matter is a perfect candidate for proper ventilation in a court of law, hence our recommendation that you should seek legal advice and proceed in accordance with same.
We can clearly not assist you, based on the nature of your matter.
Yours faithfully
Peter Nkhuna
Senior Assistant Ombudsman
Dear Mr Bilankulu
All the things you raise in your complaint are a clear indication that the matter involves disputes of fact regarding the speed at which your vehicle was travelling, how the accident occurred and whether or not the insurer would accordingly be entitled to decline liability for the claim.
It is also clear from your own description on this platform that expert evidence is required to establish the facts in dispute. Our office does not have the mechanism to have expert evidence properly tested. This is usually done using a method called the examination and cross examination of witnesses. Courts are the appropriate forum where this can be done.
As explained in our correspondence to you, your matter is a perfect candidate for proper ventilation in a court of law, hence our recommendation that you should seek legal advice and proceed in accordance with same.
We can clearly not assist you, based on the nature of your matter.
Yours faithfully
Peter Nkhuna
Senior Assistant Ombudsman