Insurance puzzle -PLEASE HELP!!

saturnz

Honorary Master
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May 3, 2005
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I had a similiar issue when my car was knocked late last year and I had a third party claim against the driver/insurance.

Insurance company offered me 10k on the basis of their analysis of market value of the car. Their "analysis" proved weak when asked to justify it as no sales of the car happened that reflected their market value.

In any event I then responded that market value, book value etc are irrelevant, I'm claiming replacement value since I need to be compensated in such a manner as if the incident did not take place- in essence the car needs to be replaced with a similar car.

From 10k offered I received 95k on the basis of a valuation from an independent classic car dealership on what it would cost to replace the vehicle (basically looked at what other cars are available for sale). I did this through a lawyer though who settled without having to go to court.
 
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ToxicBunny

Oi! Leave me out of this...
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No.. it can't be... someone dinged the COTY??? Say it isn't so.
 

Pitbull

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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.

Ok I've had enough. You're one kind of special and god knows the world will be better with out people like you in it...

Please explain to me how 2 vehicles collide on the road if there is no guilty party. Now stop showing everyone in here how retarded you are and step away from this thread slowly. You are wrong, and the scariest thing of all is that you actually believe yourself. Hope you don't produce any off spring :eek:
 

Hitchcock

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Ok I've had enough. You're one kind of special and god knows the world will be better with out people like you in it...

Please explain to me how 2 vehicles collide on the road if there is no guilty party. Now stop showing everyone in here how retarded you are and step away from this thread slowly. You are wrong, and the scariest thing of all is that you actually believe yourself. Hope you don't produce any off spring :eek:

Actually he is right.

In this incident, where the collision happened in a parking lot, the police will not institute a criminal investigation. The incident will only be noted to the SAPS AR (Accident Register) and closed off.

If the guilty party has insurance, the victim should claim from his. If he has no insurance, the victim is only left with a civil route.

Unfortunately, the civil route would mean the person needs to appoint an attorney, who will then need to appoint an advocate, who will then need to appoint a number of people to assist in investigating the matter, obtain affidavits, etc, and prepare a civil case. The matter must then go to a high court. Unfortunately, this exercise will cost a few hundreds of thousands of rands, which the victim needs to pay for.

If, somehow, the victim has the money and this goes to court and the guilty party has no money, the only ruling a judge in the high court could make is to hold the guilty party responsible for the damage and order him to repay the damages what he can afford, even if it is only R50 or R100 per month. But, then the victim must have repaired the vehicle. By law, the judge cannot hold the guilty party liable for any legal costs of the victim and everyone will need to pay their own legal fees.

Done and dusted. If the person does not have insurance this is the end of the road. No attorney, no advocate will ever take on this case if they find the guilty party is broke and has no money.

Forget about this incident.
 

Brenden_E

Executive Member
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Aug 30, 2006
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7,407
Ok I've had enough. You're one kind of special and god knows the world will be better with out people like you in it...

Please explain to me how 2 vehicles collide on the road if there is no guilty party. Now stop showing everyone in here how retarded you are and step away from this thread slowly. You are wrong, and the scariest thing of all is that you actually believe yourself. Hope you don't produce any off spring :eek:

Hey smartie, no one said one party is not guilty.
Scariest thing is you have no clue. And you'll continue to have no clue. Actually that's not scary. You blend in nicely.
 

Toxic T

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Its a shame that the OP lost interest in the post. He should call the main insurance companies and find out where the other party is insured and lodge a 3rd party claim with the other guys insurance.
 

Brenden_E

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Its a shame that the OP lost interest in the post. He should call the main insurance companies and find out where the other party is insured and lodge a 3rd party claim with the other guys insurance.

Please inform us what made you think the other guy has insurance?
 

Hitchcock

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Its a shame that the OP lost interest in the post. He should call the main insurance companies and find out where the other party is insured and lodge a 3rd party claim with the other guys insurance.

This is grabbing straws from the air as well.

There is absolutely no way in this world that any insurance company is allowed to divulge information as to whether a person is insured with them. Even if there are a single employee who confirms or deny this to a private person, this person must be fired with immediate effect.

It is good he lost interest, as there is no way out for him from this issue without spending large amounts of money and probably still end up with a ****ed up vehicle, which he will have to repair at his own costs, and if lucky, except a R100 repayment every month.

No need to build dream castles here. Forget this issue, save up and repair the car himself.
 

Toxic T

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This is grabbing straws from the air as well.

There is absolutely no way in this world that any insurance company is allowed to divulge information as to whether a person is insured with them. Even if there are a single employee who confirms or deny this to a private person, this person must be fired with immediate effect.

It is good he lost interest, as there is no way out for him from this issue without spending large amounts of money and probably still end up with a ****ed up vehicle, which he will have to repair at his own costs, and if lucky, except a R100 repayment every month.

No need to build dream castles here. Forget this issue, save up and repair the car himself.

I had a similar case. A guy hit me from behind and said that he was insured with MIWAY. I called them for assistance and to my horror the guy cancelled his policy a few months before. The insurance can provide limited information.
 

Toxic T

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Hopefully OP looks at this tread again. If I am correct he has a 1993 Honda Perlude 2.2Si 16V man

Price when new was R169499 shocker
Trade: R19700
Retail: R30700
Market: R25200
 

Pitbull

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Actually he is right.

In this incident, where the collision happened in a parking lot, the police will not institute a criminal investigation. The incident will only be noted to the SAPS AR (Accident Register) and closed off.

If the guilty party has insurance, the victim should claim from his. If he has no insurance, the victim is only left with a civil route.

Unfortunately, the civil route would mean the person needs to appoint an attorney, who will then need to appoint an advocate, who will then need to appoint a number of people to assist in investigating the matter, obtain affidavits, etc, and prepare a civil case. The matter must then go to a high court. Unfortunately, this exercise will cost a few hundreds of thousands of rands, which the victim needs to pay for.

If, somehow, the victim has the money and this goes to court and the guilty party has no money, the only ruling a judge in the high court could make is to hold the guilty party responsible for the damage and order him to repay the damages what he can afford, even if it is only R50 or R100 per month. But, then the victim must have repaired the vehicle. By law, the judge cannot hold the guilty party liable for any legal costs of the victim and everyone will need to pay their own legal fees.

Done and dusted. If the person does not have insurance this is the end of the road. No attorney, no advocate will ever take on this case if they find the guilty party is broke and has no money.

Forget about this incident.

I highly suggest you read the example he posted where he said I hit him and he's brain dead. This is where it stems from. He's an idiot and not even worth debating worth anymore. Just glad everyone can read his idiotic posts themselves :D

No where did we discuss civil suits as this was not the bases of the discussion. The discussion revolves around me hitting him on the road. He's under the impression insurance covers personal liability which it doesn't. If he's injured and I was the guilty person he has a claim against the RAF. This was indicated to him. He then said there are restrictions. Which ofc there are. You can't claim for you injuries if you are the guilty party. I highlights that and then says see, there are restrictions so you're liable in your private capacity. Please tell me again he's right. For all that is good I want you to :D
 

Pitbull

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This is grabbing straws from the air as well.

There is absolutely no way in this world that any insurance company is allowed to divulge information as to whether a person is insured with them. Even if there are a single employee who confirms or deny this to a private person, this person must be fired with immediate effect.

It is good he lost interest, as there is no way out for him from this issue without spending large amounts of money and probably still end up with a ****ed up vehicle, which he will have to repair at his own costs, and if lucky, except a R100 repayment every month.

No need to build dream castles here. Forget this issue, save up and repair the car himself.

And you're wrong again.

Insurance companies are by law bound to confirm membership to their scheme and if the insured has had any previous accidents or claims. If he has the other parties ID number they need to confirm membership and claims if requested. They can't give out his details but they can confirm membership and the OP can have a claimed logged with that insurance then.
 

Pitbull

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I had a similar case. A guy hit me from behind and said that he was insured with MIWAY. I called them for assistance and to my horror the guy cancelled his policy a few months before. The insurance can provide limited information.

By law they must supply some information. If you have the ID number of the other party.
 

Brenden_E

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Messages
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By law they must supply some information. If you have the ID number of the other party.

This guy knows a lot about the law as he knew a lot about the RAF. Please supply reference to this law, I'm sure you can provide credible reference to it.

Pitbulls strategy is you make stuff up, and when you run into trouble start throwing insults and act like you are "winning". He's had so much practice, at this point he's a pro.
 

Hitchcock

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By law they must supply some information. If you have the ID number of the other party.

Lol, Lol, Lol, Lol, Lol :D, ****, Lol, Lol :D ****!

For a moment there, Lol, I thought you actually posted some sense, but this just convinced me you are only spewing ****! Lol! :D
 
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Pitbulls strategy is you make stuff up, and when you run into trouble start throwing insults and act like you are "winning". He's had so much practice, at this point he's a pro.

That's exactly what I've seen you doing, eg linking people to dictionary.com :confused:
 

Brenden_E

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[XC] Oj101;15083852 said:
That's exactly what I've seen you doing, eg linking people to dictionary.com :confused:

That was after he lost the RAF argument and started personal attacks.
 

Loukie01

Member
Joined
Jul 4, 2015
Messages
11
Submit a claim with your insurance company, they will try and get back the money from the guilty party's insurance company. In regards to the parts, they will most probably use pirate parts or give you the option to fix your vehicle yourself and pay out a determined amount. In the case of the payout I can almost guarantee you won't get enough to fix the car with genuine parts.
 
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