No insurance, how to sue someone?

itareanlnotani

itareanlnotani

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A young lady behind me decided that talking on her cellphone was more important than looking at the road, and rear ended us doing about 80km an hour vs our +- 20km coming into light traffic at the Koeburg offramp on the N2.

Neither of us were hurt badly - my back is in slight pain, but not badly.

She didn't even say sorry to us for causing it, and wouldn't talk to us at all, staying on the phone *again*, and calling her friend. She didn't produce a drivers license, and apparently has no insurance.

I have zero empathy for her as it was both completely preventable, _and_ completely her fault.

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Police came eventually, and I need to go get an accident report tomorrow from the station.

Luckily I was driving my tank^H 450SLC, and its lightly damaged, rather than totalled, unlike her car.
She has no insurance... and for various reasons, neither do I - my insurance was in process of being applied for, but wasn't done yet.

What would be the process for getting money from the lady?

Small Claims court? Has anyone done this before?
 
Since you where also uninsured I sincerely hope you do not get a cent. Don't say you where in the process of getting insurance it doesn't take more than half an hour and if you drive on the roads without insurance you are been irresponsible. So I personally hope you don't get a cent...
 
web said:
Since you where also uninsured I sincerely hope you do not get a cent. Don't say you where in the process of getting insurance it doesn't take more than half an hour and if you drive on the roads without insurance you are been irresponsible. So I personally hope you don't get a cent...
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why do people like doing this talking krap about insurance the guy asked for help which clearly you can see the other stupid lady is on the phone ....if the guy had 3rd party insurance does it make a difference that he wont get paid

the topic on not having insurance was debated to death in a thread i started
 
cant help you, but I have to say...

Your damage compared to hers... is lol
 
You'll probably need a lawyer.

samr1wp said:
why do people like doing this talking krap about insurance the guy asked for help which clearly you can see the other stupid lady is on the phone ....if the guy had 3rd party insurance does it make a difference that he wont get paid

the topic on not having insurance was debated to death in a thread i started
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Pot...Kettle...Black
 
It should be illegal to drive without at least 3rd-party insurance, so I'm afraid I have absolutely zero sympathy for the OP or the idiot who crashed into him.
 
deweyzeph said:
It should be illegal to drive without at least 3rd-party insurance, so I'm afraid I have absolutely zero sympathy for the OP or the idiot who crashed into him.
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I'm kinda hoping the idiot that crashed into him has a financed vehicle...

Get a report on her vehicle, think its R100 - it should tell you if its still financed, phone the finance house if it is, ask for their assistance as the vehicle is uninsured, it might help you, but could get her in a world of kak.
 
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I wonder if she still had outstanding finance on her car - cos then she is in a world of hurt.
 
web said:
Since you where also uninsured I sincerely hope you do not get a cent. Don't say you where in the process of getting insurance it doesn't take more than half an hour and if you drive on the roads without insurance you are been irresponsible. So I personally hope you don't get a cent...
Click to expand...
Trolololol...

Get a repair quote. There's a maximum of R12k for small claims court. Have the quote delivered to the lady in a letter of demand - think you need to give her 2 weeks or something to respond. After that you can register your case. All the info is here: http://smallclaimssa.co.za/index.php?option=com_content&view=article&id=5&Itemid=5
 
There is alot more than 12k's worth of damage to that Merc..

My guess is the rear-subframes are all bent out of whack, purely because the rear quarter panel above the wheel arch is buckled as well.
 
ToxicBunny said:
There is alot more than 12k's worth of damage to that Merc..

My guess is the rear-subframes are all bent out of whack, purely because the rear quarter panel above the wheel arch is buckled as well.
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And insurance would write them off... I remember a friends 70's SL getting side swiped and the mirror being taken off, the insurance wanted to write it off because they claimed the mirror (R12k) was worth more than the vehicle.
 
Thank you @unskinnybob, @xrapidx for helpful answers.

For the rest of you with the unhelpful stuff -

My *main* car is insured. I'm usually only in town for a few weeks every 3-4 months, and _this_ car gets driven <2000km's a year. I _was_ in the process of getting it insured, as I said, and had quotes, but needed to get some things done for the insurance companies to insure. For the insurance I was looking at, I needed VESA approved immobilizer installed (which was done on Friday), and needed to take the car to a Car Club to get it appraised (which was going to be done next week).

The lady that drove into me was:

Speeding.
Talking on the phone.
Not looking at the road.

I was:
Driving safely.

This is also my first accident here in 20+ years of driving.
 
Most insurance companies will give you provisional cover while you sort out stuff, for future reference.
 
lsheed_cn said:
Wouldn't have helped in this instance either, as i was looking at 3rd party, fire and theft on Classic car insurance, so I'd still be looking to sue the lady.
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True. But you'd probably have gotten more sympathy here ;)
 
deweyzeph said:
It should be illegal to drive without at least 3rd-party insurance, so I'm afraid I have absolutely zero sympathy for the OP or the idiot who crashed into him.
Click to expand...

I have exactly the same thoughts on the topic.

Sent from a Galaxy SII far far away via Tapatalk
 
The OP would again like to point out that insurance was quoted on, applied for, and in process.

The car is a Classic car, and finding insurance for classics is a bit onerous to say the least. There are a limited number of insurers who cover older cars, its not a 5 minute job to find insurance for one.

I had just spent R1650 at Musical Cars in Wynberg on Friday getting the mandated VESA car immobilizer fitted, which was one of the insurance companies requirements. Out of the insurance companies *7* requirements, there was the only outstanding item, aside from payment (and was scheduled for next week after I got paid..) -

"Some letter or certificate from a certified motor club confirming the current valuation of this vehicles."

My having 3rd party insurance would *not* have helped me in any shape or form either in this matter.
 
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