Insurance puzzle -PLEASE HELP!!

Gashead

Member
Joined
Sep 1, 2012
Messages
20
Hello, I'm hoping someone out there can help me out with some info here.

On the 11th of April my car was parked outside my place of work (a popular bar in Durban),when a patron climbed into his vehicle and proceeded to reverse straight into the front of my car. I immediately got the drivers name and phone number,and vehicle details. I also took several pictures of the incident. Several of my co-workers witnessed the accident,and one told me that she had served them several beers and tequila. The next day I reported the accident to the SAPS,and provided the vehicle owner with the accident Report number. I still have not heard anything from the owner and he is not answering my messages or calls.

I am now stuck without transport,and have to rely on my girlfriend and work colleagues for lifts. I need to know what to do if this guy doesn't undertake his obligations with regards to his insurance company. I've been civil so far,but if I don't get some resolution soon,I'm going to be forced to lay some sort of claim and include details of his drinking.

The other thing that concerns me,is what is going to happen to my car,as it is a fairly rare in SA,and genuine replacement parts have to be imported through the local dealers. The car is a 1993 Honda Prelude Gen4,and to replace my bonnet,bumper,and headlights,is in the region of R20k. The car usually would sell for between R30 and R40k on the secondhand market.and I've been hearing stories that insurance will only pay up to 40% of a cars value,otherwise they will scrap it and pay you trade value. This concerns me,as I cannot find a trade value for the car.but it will obviously be significantly less than private. In order to avoid the loss of my vehicle,I would be willing to undertake the repairs myself by sourcing second-hand parts,but I don't know if it's possible that the insurance co would be willing to pay me a cash sum for a lower value than the repairs would cost them, and let me sort it out myself?

Please help guys,tearing my hair out here.
 

Gezza

Expert Member
Joined
Aug 18, 2009
Messages
2,094
Not all too clued up with insurance.

I think you can give the other persons details to your insurance company with the police report number. They will be able to contact the other persons insurance and sort out the claim with them?

You can always phone your insurance company and ask for advice.
 

Drifter

Honorary Master
Joined
Dec 19, 2012
Messages
22,825
If the damage is more than 70% of the value, they will deem it a write off.
 

Gezza

Expert Member
Joined
Aug 18, 2009
Messages
2,094
If the damage is more than 70% of the value, they will deem it a write off.

He needs to claim from the other persons insurance though. This wasn't his fault, so no need to claim against himself.
 

3WA

Honorary Master
Joined
Sep 25, 2012
Messages
19,723
Did you insure your car? Can you afford to pay your access and have your insurance fix your car and then pursue the guilty party?
 

ToxicBunny

Oi! Leave me out of this...
Joined
Apr 8, 2006
Messages
113,630
He needs to claim from the other persons insurance though. This wasn't his fault, so no need to claim against himself.

Good luck getting that info..

Claim from your insurance, give them the idiots details... let them hunt him down.
 

ToxicBunny

Oi! Leave me out of this...
Joined
Apr 8, 2006
Messages
113,630
That is kinda what I meant :whistling: I just used different words

Your words indicated he must claim from the other persons insurance... that is going to be difficult if the guy isn't answering calls etc..

Claiming from your insurance is very different to that.
 

SauRoNZA

Honorary Master
Joined
Jul 6, 2010
Messages
47,910
In before OP states he doesn't have insurance for his "rare" car...
 

supersunbird

Honorary Master
Joined
Oct 1, 2005
Messages
60,152
I suspect Gashead doesn't have insurance... don't know why, just something I suspect.
 

ToxicBunny

Oi! Leave me out of this...
Joined
Apr 8, 2006
Messages
113,630
I suspect Gashead doesn't have insurance... don't know why, just something I suspect.

I'm pretty sure thats the case as well..

In that instance, good luck all around. You will need to involve the police and lawyers then.
 

Hitchcock

Banned
Joined
Jan 8, 2015
Messages
487
Hello, I'm hoping someone out there can help me out with some info here.

On the 11th of April my car was parked outside my place of work (a popular bar in Durban),when a patron climbed into his vehicle and proceeded to reverse straight into the front of my car. I immediately got the drivers name and phone number,and vehicle details. I also took several pictures of the incident. Several of my co-workers witnessed the accident,and one told me that she had served them several beers and tequila. The next day I reported the accident to the SAPS,and provided the vehicle owner with the accident Report number. I still have not heard anything from the owner and he is not answering my messages or calls.

I am now stuck without transport,and have to rely on my girlfriend and work colleagues for lifts. I need to know what to do if this guy doesn't undertake his obligations with regards to his insurance company. I've been civil so far,but if I don't get some resolution soon,I'm going to be forced to lay some sort of claim and include details of his drinking.

The other thing that concerns me,is what is going to happen to my car,as it is a fairly rare in SA,and genuine replacement parts have to be imported through the local dealers. The car is a 1993 Honda Prelude Gen4,and to replace my bonnet,bumper,and headlights,is in the region of R20k. The car usually would sell for between R30 and R40k on the secondhand market.and I've been hearing stories that insurance will only pay up to 40% of a cars value,otherwise they will scrap it and pay you trade value. This concerns me,as I cannot find a trade value for the car.but it will obviously be significantly less than private. In order to avoid the loss of my vehicle,I would be willing to undertake the repairs myself by sourcing second-hand parts,but I don't know if it's possible that the insurance co would be willing to pay me a cash sum for a lower value than the repairs would cost them, and let me sort it out myself?

Please help guys,tearing my hair out here.

Violence will be your only solution if you do not have insurance yourself.

There is absolutely no way the police will be involved in investigations, arrests or prosecutions.

You can probably go the civil route and spend tens, if not hundreds of thousands of rands. There is no guarantee you will win your case, and even if you do, there is no guarantee he will have the money to adhere to any court order.
 

SauRoNZA

Honorary Master
Joined
Jul 6, 2010
Messages
47,910
Ordinarily you can do a third party claim directly if you have the stomach for it as it's a lot of pain and drama.

But that's only if you have the other car's insurance details and driver's ID etc.

Which is really something you should have gotten at the scene.
 

MickZA

Executive Member
Joined
Jan 19, 2007
Messages
7,575
You can probably go the civil route and spend tens, if not hundreds of thousands of rands. There is no guarantee you will win your case, and even if you do, there is no guarantee he will have the money to adhere to any court order.
Happened to a friend of mine quite a few years back.

Won the case but the other party couldn't pay and the judge came up with a repayment scheme of a few hundred bucks a month, friend got stuck with his lawyers bill though :(

... IIRC the payments stopped after a couple months and the other party vanished.
 

satanboy

Psychonaut seven
Joined
Sep 13, 2007
Messages
98,824
...Several of my co-workers witnessed the accident,and one told me that she had served them several beers and tequila. ....

Served and consumed are two different things. If the person wasn't tested at the time, why even bring it up?
 

Hitchcock

Banned
Joined
Jan 8, 2015
Messages
487
Happened to a friend of mine quite a few years back.

Won the case but the other party couldn't pay and the judge came up with a repayment scheme of a few hundred bucks a month, friend got stuck with his lawyers bill though :(

... IIRC the payments stopped after a couple months and the other party vanished.

Yep, that is the problem. There is a few ways to play the courts and get a ruling in your favour, even if it means you pay back only R100 on a million rand debt. Also in none of these cases will the court ever make a cost order, especially if you cannot afford the debt.

Stay away from this route if you do not have the money to spend.
 
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