Can I do this?

[USZA]

My question relates to the following post:

http://mybroadband.co.za/vb/showthread.php?213463-Name-and-shame-bad-drivers&p=3581610&viewfull=1#post3581610

I'd like to keep my insurance out of this for the following reasons:
- AIB is a pain to deal with
- I don't see why I should have to pay excess for an accident that is essentially not my fault
- my insurance is going to nail me down the line for this so I don't want it on their records, especially for the previously-stated reason

Is it at all possible to institute a third party claim against this guy's insurance, without having to go through my insurance?

 

[bboy]

you're asking for trouble if you dont inform your insurance, you must inform your insurance so they will fight for you, otherwise the other insurance will just say "tough we aint paying" and as an individual you are going to have a lot of trouble getting them to pay, let insurance fight insurance! If they lose, your insurance covers you, if they win then you have no claim anyway so you can't be penalised.

 

[OverKill69]

Er... there's a long answer and a short answer.

Short answer: NO
Your insurance want's to keep tabs on any accident you're in, who was driving etc etc. They adjust your risk profile and raise your premiums to match their generalized category (eg. male, mid 30's, single, grad degree, V6 BMW, 3 defensive incidents; is a higher risk than: female, mid 30's, married, 1 child, MPV, no claim history)
However, you can get your excess back from the offenders insurance if it was not your fault. Your insurance company is obliged to do this on your behalf once the claim has been settled.

Long answer: Maybe
Don't claim at all... not even 3rd party because the offender's insurance company will contact you and demand your details etc. They will then ask you if you have insurance and they WILL make life difficult and unpleasant before paying out. (less VAT, adjusted rates, delays, banking details and FICA bs, approved panel beaters, and so on)
Get a quote from the panel beaters and get the fruitcake to pay the PB directly and you stay off the books.

Advice: If you think your own insurance company is a pain to deal with, wait till you have to deal with a 3rd party claim from another guy's insurance. They'll destroy your faith in the world before you see a cent. Your car will remain dented because you won't ever see the full amount and you don't want to dig into your own pocket to pay for repairs.
Rather just let the two insurance companies fight over the logistics.
Claim and get your car sorted out... Either get the dweeb to pay your excess straight or get it back after the claim is sorted out.
This is why we have insurance, right?

Why pay the premiums if you're not going to use their service?
AND
Drive yourself bonkers in the process!

 

[USZA]

Update

I got all the offender's details through a contact at the traffic department.

Called Auto & General directly and lodged a claim telephonically . Claims advisor informed me that it would be considered a third-party claim so I would have to call their legal department to lodge a claim through them. Looks like it is going to go well.

 

[USZA]

This is the conclusion of this story, from an insurance point-of-view at least.

My insurance took the easiest way out - quoted for repair, not replacement, of the damaged parts, citing that replacement of the damaged parts could compromise the structural integrity of the car. So, the repairs came to less than the excess and that being the case, they left it to me now to recover the costs from the offending party.

I called the guy on Friday and frankly, he doesn't seem too interested. Going to take another stab at him today and if that fails, it's going to be lawyer's letters.

 

[stevovo]

That's messed up! How in the world can replacing a part be worse than fixing it???

Man insurance companies can really be a pain in the ***

I feel your pain... I had a similar experience not long ago.