Pitbull
Verboten
You are aware everyone can read the crap you posted. I don't have to say a word...
Carry on, I'm really enjoying this to no end. I promise you
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Insurance puzzle -PLEASE HELP!!
- Thread starter Gashead
- Start date
You are aware everyone can read the crap you posted. I don't have to say a word...
Carry on, I'm really enjoying this to no end. I promise you
Brenden_E
Executive Member
You enjoy what you can't understand. Well, aren't you a box full of surprises.
supersunbird
Honorary Master
I am very against people without insurance but you are going fully bos...
Even if he had had 3rd party, it would not help him in THIS instance would it? Explain how 3rd party would have helped if you disagree with me?
Pitbull
Verboten
Agreed. Don't get me wrong I feel people need to carry their weight and have insurance all the time. If everyone had insurance our premiums would not have been what it is. But going full tilt on someone who doesn't have it makes no sense. And as you rightfully said, even having 3rd party would have helped him bugger all in the OP's case.
boxerulez
Expert Member
I wish ZA could have insurance laws like the UK.
Brenden_E
Executive Member
If already said if he had third party, I would have sympathy. However, he is part of the problem. Do you think the guy who is running away has any insurance? Of course not, that is why he is running away. So it's karma, in a way.
Sunbird you can't isolate an event and justify it. He could just as easily have been the perpetrator, because he has no way to settle a large claim as he is by his own acknowledgement, quite poor. People that don't have any insurance screw other people over through their recklessness. Too bad today the pendulum swung the other way.
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Just thought I would add to this subject of DUI. Two angles on this. First is the criminal aspect in which conviction usually cannot happen unless there is proof to ratify the charges. Blood alcohol testing is the usually the easiest way to prove it, but still isn't all that straight forward from what I have seen.
Second is the civil aspect and this would include insurance. All policies I am aware of specifically exclude DUI. Insurers need only prove that on the balance of probabilities the driver was driving under the influence of alcohol. This is a well-documented fact regarding insurance.
See this article "Take responsibility for your actions" wherein this is discussed:
supersunbird
Honorary Master
Anyway, what advise would you give him if he had 3rd party? Lets see if your sympathy has any value.
You sir, shoot your mouth off without knowledge of the law. I shall take it as ignorance.
In terms of the Road Accident Fund Amendment Act of 2008, your only right of recourse in South Africa for bodily injury or death is the Road Accident Fund (RAF). The said act took away the common law right to claim for any damages that are not recoverable from the RAF.
Your only route to any kind of claim is in the RAF and there are limitations to what can be claimed both in type of claim and amount.
Written into the act are 2 provisions under which you are allowed to claim from the negligent owner or driver of the vehicle that caused the accident, or the employer of such negligent driver. These are for emotional shock suffered by secondary victims (because this is now excluded from the provision of the act) and if the RAF is unable to pay.
Now we all know that the RAF has been technically insolvent for many, many years, yet the RAF will still pay all claims and obligations.
Another point of interest is that this "abolition" of a claimant's common law right to claim has been taken all the way through to the constitutional court, but the provisions of the act have been upheld. So in short, it ain't going to happen.
There is no other route but to go through the RAF or insure yourself/your family adequately for Personal Accident.
EDIT: This link on Campbell Attorneys website has quite a nice FAQ on the RAF and the Amendment Act.
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Brenden_E
Executive Member
Wow, you are going to feel like a chop. From your own link, you can only claim if:
"That such motor vehicle was negligently driven."
So if it's purely an accident, you are cannot claim from the RAF. Boom, you sir should not shoot your mouth off without knowledge of the law. If you read all my posts, you will notice that I specifically mentioned there's lots of restraints on who can claim from the RAF.
"That such motor vehicle was negligently driven."
So if it's purely an accident, you are cannot claim from the RAF. Boom, you sir should not shoot your mouth off without knowledge of the law. If you read all my posts, you will notice that I specifically mentioned there's lots of restraints on who can claim from the RAF.
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Brenden_E
Executive Member
Then he would have had sympathy. That's all that would have changed
If someone is broke and causes an accident without insurance, you are screwed. There's honestly not much you can do.
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Hemi300c
Honorary Master
Get hold of the guy, advise him you have no alternative but to within 3 days report a hit and run at SAPS. Alternatively he gives you his insurance details.
Advise him of the witnesses etc and take it from there.
If this is already in this thread, sorry but there seems to be huge slaying and k*k which I am not prepared to read through.
Oh and PS don't take any insurance advice from someone whom isn't a registered FSP representative because firstly it's illegal to give financial advice to someone if you are not a registered adviser and secondly you could be heading for more shyt.
And yes I also feel TP insurance should be enforced but it has no bearing on this case from the OP's side.
Advise him of the witnesses etc and take it from there.
If this is already in this thread, sorry but there seems to be huge slaying and k*k which I am not prepared to read through.
Oh and PS don't take any insurance advice from someone whom isn't a registered FSP representative because firstly it's illegal to give financial advice to someone if you are not a registered adviser and secondly you could be heading for more shyt.
And yes I also feel TP insurance should be enforced but it has no bearing on this case from the OP's side.
Hemi300c
Honorary Master
What's obvious to you might not be the fact.
Could be:-
Intoxication causes people to act weird and they could be scared the insurers will decline due to this and the possible investigation.
No license
High excess
High claims already incurred
etc
etc
my suggestion should bring out the facts.
Im here to assist the OP and not get into a biach discussion.
Could be:-
Intoxication causes people to act weird and they could be scared the insurers will decline due to this and the possible investigation.
No license
High excess
High claims already incurred
etc
etc
my suggestion should bring out the facts.
Im here to assist the OP and not get into a biach discussion.
Brenden_E
Executive Member
Can you get insurance with no license? What I find bizarre is that your first assumption is that he has insurance, rather than the far more likely situation.
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Forget the police route. If this was inside a parking area belonging to the company or a complex, the accident did not happen on a public road. Nothing will come from this.
Looking back at a few posts of the OP, best thing to do is save up money and repair your car yourself. Put this whole thing to bed.
Looking back at a few posts of the OP, best thing to do is save up money and repair your car yourself. Put this whole thing to bed.
Hemi300c
Honorary Master
Brenden_E
Executive Member
Seriously, it's your first point you said no license. Do I need to quote this?
LoL the people in this thread...
Hemi300c
Honorary Master
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