bud bumped a bakkie without licence

Draconia2 said:
surely a proof of payment will suffice ? because the excess was already covered and paid off. then that just leaves the repair cost ?
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The excess comes off the repair cost. The panelbeaters charge it and issue the invoice. That is the ONLY invoice for excess and the only proof it was paid. If you crash into me and offer to pay my excess - say R1000 - and I get my car repaired and you come along to the appointed repairers and pay the R1000 and take the invoice, you're in the clear. If you EFT me R1000 for the excess, it really is your word against mine - "he gave me R1000 to rent a car" I could reply to any proof of payment BESIDES the invoice.
 
jakes978 said:
Should he then rather contact the insurance and use the REF nr he got from the guy , and ask what will happen now ? because he and the driver have made arrangements already to get the excess money sorted and to find out if the insurance actually knows about this arrangement so he does not have to pay twice ?
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No - if he has made the excess arrangement with the other guy, he should do as I advise above: pay that excess directly to the repairers and get the original invoice for his own records, preferably made out to himself. That way, IF the insurers go after him, he has proof of at least some of the money being paid. If he does the above, the insurers will almost definitely make a case of it as this incident will be squarely in their crosshairs.
 
So what I can gather from this thread, is that OP's friend's arsehole will be at least three times as wide by the time insurance is finished?
 
GreGorGy - So he needs to go with the guy to the repairers, pay and get a copy of the invoice. He should not go and contact the insurance.

i lost you at "if he does the above" or do i understand correctly ?
 
jakes978 said:
GreGorGy - So he needs to go with the guy to the repairers, pay and get a copy of the invoice. He should not go and contact the insurance.

i lost you at "if he does the above" or do i understand correctly ?
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He needs to go with to the repairers and get the original invoice. Preferably in his name, not the insured, but that must not be a stumbling block. He must NOT contact the insurance. By the above I meant my previous post :D
 
GreGorGy said:
No - do what you would ordinarily do. If you are at fault, the insurers will sue you and prove it in court. You can of course admit to fault beforehand if you don't want to go to court. Insurers are not there to pay for the other party's mistakes. Their job is to cover the risk to their customer. After that fact, they reserve the right to recuperate their losses by taking action against the other party, if s/he is responsible on the balance of things. If that third party has their own insurance, the companies usually offset things between themselves. If not, he gets sued.

If you are at fault and pay the guy's excess, you have no guarantee that when it goes to court and a decision is made that said payment will be taken into consideration as there is no way of indicating it was for the event that caused the loss.

Not necessarily WILL but most likely, yes - their contracts almost always state this too, that the insured may not prejudice their right to recover their losses.
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Doesn't having no licence proof that the accident is your fault... ? What's more to prove?
 
zululami said:
Doesn't having no licence proof that the accident is your fault... ? What's more to prove?
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That is where you would have to consult a lawyer - everything mitigates. If an unlicensed driver is hit by a drunk hopping a robot while texting, is it his fault? A judge would have to decide that. But, in this instance, your assessment seems correct, so the summons should rather result in attempts to settle without a judgement. Insurers will consider that too.
 
Ok so i phoned him now again , told him to get the invoice with his name on it and keep it safe. That the insurance might sue for the damages to recover their loss and not the exxess.

what about his learners ? could he still book it ASAP ? he is off friday and wants to go ASAP.
 
jakes978 said:
Ok so i phoned him now again , told him to get the invoice with his name on it and keep it safe. That the insurance might sue for the damages to recover their loss and not the exxess.

what about his learners ? could he still book it ASAP ? he is off friday and wants to go ASAP.
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Cool. Best of luck to him and I hope he learns from this expensive lesson. And yes he needs to get a license so really there is no time like the present.
 
How did your idiot friend buy a car and register it in his name in the first place?
 
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