Unfair settlement provided to third party

There is a reason why the OUTsurance website does not disclose complaints and only show people the compliments, for people to not be aware of how badly they treat third party claims. I am extremely disappointed by the service provided to people who are not insured, as OUTsurance just tries to make you suffer more.

I was involved in an accident and the vehicle I was driving was uninsured. I claimed damages from OUTsurance as it was their client’s fault. Their client was not vigilant and stopped at a yield sign to communicate with a person from an on-coming vehicle and did not notice vehicles that had right of way (myself), while I was passing his vehicle he accelerated and collided into the passenger side of my vehicle. I was driving cautiously and within the legal speed limit, and was still unable to avoid the incident. Their client was negligent and careless and did not obey the rules of the road. Pictures were provided to OUTsurance which clearly indicated that the bumper of my vehicle was on the road first when their client collided into me while he was turning.

Thereafter Tshepo Maleka (from OUTsurance legal dept) quoted a case law which actually app**** to their own client highlighting how he was not vigilant or aware of his surroundings. Therefore, their client should be 100% liable for all damages incurred to my vehicle.

After the accident their client had even stated that, “I did not see you and I was in a hurry to pick up a passenger” and further stated “my insurance will pay for all the damages” as he understood it was his fault and not mine. He admitted he is at 100% fault and had caused this accident. Following this Tshepo Maleka informed me that OUTsurance will only be liable for 60% of the damages and I should be liable for the remaining 40%. This is extremely disheartening and disappointing as this remark does not make any sense due to their client openly admitting that they were at fault of the incident. Further to this I even have an independent witness to prove that the accident was 100% their client’s fault. This witness is a lady that travelled with me on the 01/06/2020 (first day of level 3 lockdown) as she did not have transport on that day.

OUTsurance even went on to the extent of creating their own version of the accident to inform me how it was my fault, yet they were not present at the scene and neither do they have any independent witnesses. Tshepo further stated that I am lucky that OUTsurance never claimed costs for their client’s vehicle damages.

I am extremely disappointed with how this whole situation has been handled by OUTsurance in that I have been a victim through this situation and have not been fairly compensated. The accident was due to the negligence of their client, making him at fault so how can I be liable for his negligence. OUTsurance will go to any extent to cover up for their client’s mistake even if the client had admitted fault in front of everyone, just so they can pay you less and to make you suffer the damages.

Tshepo stated that my vehicle is unrepairable as it will cost R33 154.47 to restore it to its pre-accident condition. The settlement amount provided by OUTsurance was R13 167.28 plus towing fees of R R925.00, which is a total of R14 092.28. This amount is ridiculous and I am only asking for a settlement amount of at least R23 000.00 as I have to pay for damages of R31 510.00 to my vehicle (from my quotation), towing fees R1 850.00 and storage fees R5 000.00, which is a total of R38 360.00. OUTsurance is not even considering paying towards the storage fees. I am not asking for much, I just want a fixed car, towing bill and storage bill to be paid.

I am unhappy in the manner in which this is dealt with, how can I take a loss for someone else’s negligence. Not forgetting in these tough circumstances (during the lockdown) I have no vehicle to get to work and I must use public transport, which increases the risk of me getting the virus, no consideration at all. I just need my car replaced to the state it was before the accident