1 reviews | Active since Jun 2010
Delaying tactics to frustrate claim
<p>A client of Paladin caused damage on my vehicle on the 5th of October 2016. I submitted all documents for third party claim. Paladin promised to give me an update after ten working days. Ten working days came and pass and there was no update. I phoned Lynn Du Toit who handles the claim since there was no response and she dropped the phone on me because I told her it is not acceptable for her to tell me she has lots of work and I don’t pay Paladin a premium. I tried to call her back on Friday, 28 October 2016 and she was conveniently not available. Her colleague Sherine promised that Lynn will respond on Monday, 31 October 2016, as she was in the meeting. Monday she did not respond and I sent another e-mail on the same day. Today the 1st of November still no answer from Paladin. This week it will be a month since the accident happened and the start of the claim process to have my vehicle repaired. I am still in the dark as to what is happening and when this will be resolved. All that Lynn have been telling me is that I should claim from my insurance not them and that they will prioritise those that pay them a premium not me. All these to avoid responsibility. What Paladin fails to understand is that they are not doing me any favour and I am not asking for favours. I claimed from their client who pays a premium for third party cover. They should be helping their client to settle the third party claim that they pay the premium for.</p> <p> </p>
As you rightly point out, you are not our insured but are making a claim in common law against our insured. We have investigated your complaint and whilst we would not normally discuss our insured's claim in an open forum, we will do so in this instance for reasons of transparency. Whilst there is no argument as to the fact that our insured's vehicle collided with the rear of yours, our insured's driver has alleged that the brakes on his vehicle were defective. This has repercussions with regard to your claim. If the driver's allegation is correct, then should the brakes have failed due to a sudden and unfoerseen problem, then our insured may have a defence to your claim. However, if the brakes failed due to maintenance problems, then our insured may not have a claim in terms of their policy. If it transpires that the brakes were in fact in working order, then our insured would have a claim in terms of their policy in respect of your claim against them. We are currently investigating the driver's allegations. Our employee's suggestion that you should probably allow your own insurers to indemnify you was basically sound. Your vehicle would be repaired quickly and efficiently and you may even have cover for alternative vehicle hire. Your insurers would then proceed with a claim against our insured but in the meantime you would have the full use of your vehicle. We will of course advise you of the outcome of our investigations in due course.
As you rightly point out, you are not our insured but are making a claim in common law against our insured. We have investigated your complaint and whilst we would not normally discuss our insured's claim in an open forum, we will do so in this instance for reasons of transparency. Whilst there is no argument as to the fact that our insured's vehicle collided with the rear of yours, our insured's driver has alleged that the brakes on his vehicle were defective. This has repercussions with regard to your claim. If the driver's allegation is correct, then should the brakes have failed due to a sudden and unfoerseen problem, then our insured may have a defence to your claim. However, if the brakes failed due to maintenance problems, then our insured may not have a claim in terms of their policy. If it transpires that the brakes were in fact in working order, then our insured would have a claim in terms of their policy in respect of your claim against them. We are currently investigating the driver's allegations. Our employee's suggestion that you should probably allow your own insurers to indemnify you was basically sound. Your vehicle would be repaired quickly and efficiently and you may even have cover for alternative vehicle hire. Your insurers would then proceed with a claim against our insured but in the meantime you would have the full use of your vehicle. We will of course advise you of the outcome of our investigations in due course.
Dear Peladin,
This is the same response you gave me two weeks ago that you are busy investigating except that you arrogantly refused to disclose what you were investigating. It is clear as daylight that Paladin is cooking reasons not to pay out. I have a driver’s signed accident statement which I sent to you. He clearly stated that he tried to stop but failed due to mechanical failure. If the driver says the breaks were defective then what’s there to investigate? I just want know if you will assist your client or not, so that I can take the decision to ask the courts for assistance against your client if you reject your client’s claim. Surely it does not take a month to get a qualified Mechanics to check if the breaks were defective or not. You say in due you will let me know. When is due cause? When do you expect this claim to be concluded? Your response further shows that you are playing hide and seek in hope that I will claim from my insurance. I have experience about this third party claims and know that insurance companies have agreements not to claim from each other, I will never recover my loss if I claim from my insurance.
Dear Peladin,
This is the same response you gave me two weeks ago that you are busy investigating except that you arrogantly refused to disclose what you were investigating. It is clear as daylight that Paladin is cooking reasons not to pay out. I have a driver’s signed accident statement which I sent to you. He clearly stated that he tried to stop but failed due to mechanical failure. If the driver says the breaks were defective then what’s there to investigate? I just want know if you will assist your client or not, so that I can take the decision to ask the courts for assistance against your client if you reject your client’s claim. Surely it does not take a month to get a qualified Mechanics to check if the breaks were defective or not. You say in due you will let me know. When is due cause? When do you expect this claim to be concluded? Your response further shows that you are playing hide and seek in hope that I will claim from my insurance. I have experience about this third party claims and know that insurance companies have agreements not to claim from each other, I will never recover my loss if I claim from my insurance.
Thank you for your comments. We will correspond with you further via email.
Thank you for your comments. We will correspond with you further via email.
Paladin did correspond with me as promised the same day on the 2nd of November. They arranged for an independent assessor of their own to assess the damage on my vehicle. I met with their assessor the following day (3rd of November) and he promised the assessment report will be ready on Friday the 4th which is today. In their correspondence, Paladin also requested a letter from Wesbank as the title holders of the vehicle to confirm that any payment can be made to me rather than Wesbank as the owners. As strange as this request is, to avoid further delays, I requested Wesbank to provide me with the letter. Wesbank told me that it is strange that the insurance company request such a letter. They said, if the vehicle is not a write off, then, the matter of payment or repairing the damage is between me and the insurance, they are not involved. They refused to write any letter regarding the insurance request as it will be unauthorised letter. I communicated that back to Paladin same day on the 3rd of November by e-mail and no response. I have no idea how to proceed with this. I phoned Paladin and no one could assist.
I am still in the dark with regards to the driver’s allegations that the breaks were defective before the accident. I have no idea why it’s taking Paladin’s client long to present required evidence that the breaks were not defective. I am meeting my lawyers to get an order from court so I can get hold of the proof that the breaks were not defective or were defective in order to speed up the process to repair my vehicle. A month has passed since the accident. I am writing this response in public because Paladin is not responding to my e-mails sent on the 3rd in private regarding these issues.
Paladin did correspond with me as promised the same day on the 2nd of November. They arranged for an independent assessor of their own to assess the damage on my vehicle. I met with their assessor the following day (3rd of November) and he promised the assessment report will be ready on Friday the 4th which is today. In their correspondence, Paladin also requested a letter from Wesbank as the title holders of the vehicle to confirm that any payment can be made to me rather than Wesbank as the owners. As strange as this request is, to avoid further delays, I requested Wesbank to provide me with the letter. Wesbank told me that it is strange that the insurance company request such a letter. They said, if the vehicle is not a write off, then, the matter of payment or repairing the damage is between me and the insurance, they are not involved. They refused to write any letter regarding the insurance request as it will be unauthorised letter. I communicated that back to Paladin same day on the 3rd of November by e-mail and no response. I have no idea how to proceed with this. I phoned Paladin and no one could assist.
I am still in the dark with regards to the driver’s allegations that the breaks were defective before the accident. I have no idea why it’s taking Paladin’s client long to present required evidence that the breaks were not defective. I am meeting my lawyers to get an order from court so I can get hold of the proof that the breaks were not defective or were defective in order to speed up the process to repair my vehicle. A month has passed since the accident. I am writing this response in public because Paladin is not responding to my e-mails sent on the 3rd in private regarding these issues.
Update of the case: I spoke to John from Paladin this afternoon and will like to put it on record that he said they normally ask the letter they requested but if the bank does not issue such, its not a problem, it will not hinder them from settling the matter and pay me the damages. However, they say the only thing they are waiting for now is the report on the brakes before they can take decision on the matter.
Thanks to helloPeter and the co-operation from Paladin.
Update of the case: I spoke to John from Paladin this afternoon and will like to put it on record that he said they normally ask the letter they requested but if the bank does not issue such, its not a problem, it will not hinder them from settling the matter and pay me the damages. However, they say the only thing they are waiting for now is the report on the brakes before they can take decision on the matter.
Thanks to helloPeter and the co-operation from Paladin.
Update on the case: Finally Paladin's client MCB sent the service record of their client's vehicle that cause the accident as proof that the vehicle was being serviced and was in order on the day of the accident. Nonkululeko from MCB confirmed that these service record documents were sent last week Friday, November 11. Now that the final stumbling block to resolving this matter has been removed, I hope Paladin will bring this matter to a close urgently so my vehicle will finally be repaired after more than a month of run around.
Update on the case: Finally Paladin's client MCB sent the service record of their client's vehicle that cause the accident as proof that the vehicle was being serviced and was in order on the day of the accident. Nonkululeko from MCB confirmed that these service record documents were sent last week Friday, November 11. Now that the final stumbling block to resolving this matter has been removed, I hope Paladin will bring this matter to a close urgently so my vehicle will finally be repaired after more than a month of run around.
I will continue to give honest updates on the case for the sake of HelloPeter, the Public and Paladin. I promised to change the ratings should this matter be resolved fairly. I called Paladin this morning to follow up the case. James from Paladin confirmed that they recieved documents that shows the vehicle was in order before the accident. He confirmed that they will have to entertain the third party claim however now they are waiting for their client SBV to confirm if they should proceed with the claim and for the to pay the required access.
I will continue to give honest updates on the case for the sake of HelloPeter, the Public and Paladin. I promised to change the ratings should this matter be resolved fairly. I called Paladin this morning to follow up the case. James from Paladin confirmed that they recieved documents that shows the vehicle was in order before the accident. He confirmed that they will have to entertain the third party claim however now they are waiting for their client SBV to confirm if they should proceed with the claim and for the to pay the required access.
This is my last update on this case: Paldin made an offer which was less than the quotations I recieved and they indicated that was thier last offer. They based their offer on the assessment made by their appointed assessor and claimed that the assessor reached an agreement with my nominated panel beater to repair the vehicle at the amount they offered. I requested that they send me the agreement before signing the offer but Paladin did not have the agreement on paper instead they referred me to their assessor who also could not produce the agreement. After waiting for weeks, the agreement still was never sent. I had to find another panel beater who could repair my vehicle at Palidin's offer. I hope all will go well with the repairs. Also Paladin refused to take responsibility for car hire. I have now finally signed their final offer and Palidin paid me off within the stipulated time period. Even though I am not entirely happy, I would like to take this opportunity to thank Paladin for finally resolving the claim. It took over two months and some fighting and help from Hellopeter to resolve the mater. Thanks to Hellopeter and Paladin also for finally coming to the party.
This is my last update on this case: Paldin made an offer which was less than the quotations I recieved and they indicated that was thier last offer. They based their offer on the assessment made by their appointed assessor and claimed that the assessor reached an agreement with my nominated panel beater to repair the vehicle at the amount they offered. I requested that they send me the agreement before signing the offer but Paladin did not have the agreement on paper instead they referred me to their assessor who also could not produce the agreement. After waiting for weeks, the agreement still was never sent. I had to find another panel beater who could repair my vehicle at Palidin's offer. I hope all will go well with the repairs. Also Paladin refused to take responsibility for car hire. I have now finally signed their final offer and Palidin paid me off within the stipulated time period. Even though I am not entirely happy, I would like to take this opportunity to thank Paladin for finally resolving the claim. It took over two months and some fighting and help from Hellopeter to resolve the mater. Thanks to Hellopeter and Paladin also for finally coming to the party.