Insurance excess

[justplain]

I was part of a 3 car fender bender last year August. The guy behind me drove into the back of me while I was stationary at a stop street forcing me into the back of the stationary car in front of me.
Everything was sorted out etc, names and details swapped, cars fixed etc but the guy who crashed into me is refusing to pay my excess. Can he do that? surely you cant not pay? Because there are lots of things I'd like to not pay for if thats the case.

 

[requiem]

Unfortunately - the only way you would have paid nothing - is if you claimed as a third party from his insurance directly. By involving your own insurance company - you have a contractual obligation to pay the excess to them.

 

[noxibox]

If you have your own insurance the other insurer will usually only pay the excess anyway. If he has insurance some insurance companies will arrange the excess payment directly from his insurer, others will expect you to pay it and they'll refund the money when they get it back. Or you have a really useless insurer like Santam who won't even bother to do that. If he has no insurance you're pretty much screwed. Your insurer will at best make a minimal effort to recover it from him.

 

[Lupus]

If he has no insurance yes he pretty much can refuse to pay your excess, and your insurance will do absolutely squat about it.

 

[xrapidx]

If he is in the wrong your insurance is supposed to recover the monies from him - but you still pay the excess - and they should refund you when (if) they recover it from him.

Also - AFAIK - you are responsible for going into the guy in front of you... not the guy behind you.

 

[zululami]

surely you cant not pay?

Strange use of words there... Look, people will try to get out of paying for ANYTHING ... wherether wrong or right, but if you guys have sworn clear statements describing what you are saying made at a police station, this GUY MUST and WILL pay ... Who paid for your car to be fixed? His or your insurance?

 

[noxibox]

Also - AFAIK - you are responsible for going into the guy in front of you... not the guy behind you.

Yes, fair or not if you're pushed into the car in front you usually end up being liable for the guy in front's excess. Of course you can refuse to pay.

Strange use of words there... Look, people will try to get out of paying for ANYTHING ... wherether wrong or right, but if you guys have sworn clear statements describing what you are saying made at a police station, this GUY MUST and WILL pay ... Who paid for your car to be fixed? His or your insurance?

If you have insurance the other party's insurance will not usually pay for your repairs. Insurers typical have mutual agreements. Regardless of what the guy said in his sworn statement he doesn't have to do anything. He can force you to take him to court. If he has no insurance chances are you're screwed.

 

[justplain]

we are both insured, I paid my excess to have my car fixed and his insurance paid my insurance the amount required to fix my vehicle.( that amount has been claimed and settled) The person in front of me who I was forced into suffered no damage as he was in a doublecab bakkie. so no claim necessary for that component.
My insurance company are trying to now recover my excess from the guy who drove into me. he seems to be refusing to pay that amount. that is what i am questioning.

 

[lucifir]

ur insurance company should be getting it from his insurance and not him ... I think ur insurance company has been paid and they just screwing u and taking ur excess as well ... I am sure they will not even bother to follow up with the guy

 

[SinghDude]

Insurance companies typically have legal departments to recovers all costs . It will take alot of time and effort thou.

 

[xrapidx]

we are both insured, I paid my excess to have my car fixed and his insurance paid my insurance the amount required to fix my vehicle.( that amount has been claimed and settled) The person in front of me who I was forced into suffered no damage as he was in a doublecab bakkie. so no claim necessary for that component.
My insurance company are trying to now recover my excess from the guy who drove into me. he seems to be refusing to pay that amount. that is what i am questioning.

ur insurance company should be getting it from his insurance and not him ... I think ur insurance company has been paid and they just screwing u and taking ur excess as well ... I am sure they will not even bother to follow up with the guy

This.