Insurance Question

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serverwarehouse

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Someone drove into the back of me and damaged my bumper. Took the bakkie to Toyota and got a quote of 10k to replace the bumper. I send this off to the person that drove into me, only to be ignored on all platforms. Luckily I took down his insurer's name and contacted them. They provided a claim form and I complied to all info required. They even send me to an assessor which took photos of damages. Today I get a letter from them stating the following:
" We will not be able to entertain your claim, as our Insured did not enjoy cover for the incident. Subsequently, we are closing our file and suggest your claim be redirected to our Insured."

On further emails back to the insurance company they came back with this.
"Please note that we do provide third party cover under our clients policy, however same will only be offered if the clients claim is validated.

We can therefore not provide any cover for your incident.

We cannot disclose any further information to you, and trust that you will continue your pursuit against the client directly as suggested."

Now I do not understand, did he not put in a claim for his damages and therefor my claim looks like a "ghost claim" or was was his claimed rejected and therefore my claim is rejected.

Any experts out there that can tell me what it means in plain english and if I can do anything seeing that he will just ignore my calls, sms and emails. Or is it a case where I send heavies in to break his knees.
 
Or write him a love letter. In it, politely suggest the Small Claims Court
 
Just put in a claim with your insurance company.

The chap who hit you might not have an active policy.
 
serverwarehouse said:
Someone drove into the back of me and damaged my bumper. Took the bakkie to Toyota and got a quote of 10k to replace the bumper. I send this off to the person that drove into me, only to be ignored on all platforms. Luckily I took down his insurer's name and contacted them. They provided a claim form and I complied to all info required. They even send me to an assessor which took photos of damages. Today I get a letter from them stating the following:
" We will not be able to entertain your claim, as our Insured did not enjoy cover for the incident. Subsequently, we are closing our file and suggest your claim be redirected to our Insured."

On further emails back to the insurance company they came back with this.
"Please note that we do provide third party cover under our clients policy, however same will only be offered if the clients claim is validated.

We can therefore not provide any cover for your incident.

We cannot disclose any further information to you, and trust that you will continue your pursuit against the client directly as suggested."

Now I do not understand, did he not put in a claim for his damages and therefor my claim looks like a "ghost claim" or was was his claimed rejected and therefore my claim is rejected.

Any experts out there that can tell me what it means in plain english and if I can do anything seeing that he will just ignore my calls, sms and emails. Or is it a case where I send heavies in to break his knees.
Click to expand...

The other party's insurers will only pay claims from their insured. He has to make the claim. He can choose not to. He cannot ignore an order from the Court, however, although enforcement depends on him having distrainable assets. You may be best to claim on your own insurance, and leave them to claim from him.

I find the SA system a bit unusual, with the RAF taking on some responsibilities - in theory!
 
chrisc said:
Or write him a love letter. In it, politely suggest the Small Claims Court
Click to expand...

Found out recently that the small claims court is slightly useless. They can rule in your favour, but they don't have the mandate to make the other party pay. So even if you win, it doesn't really mean anything.
 
GhostSixFour said:
Found out recently that the small claims court is slightly useless. They can rule in your favour, but they don't have the mandate to make the other party pay. So even if you win, it doesn't really mean anything.
Click to expand...
Hardly different from any other court then.
 
supersunbird said:
Well, that's where one gets the Sheriff involved right?
Click to expand...

That's part of the problem, a small claims court ruling doesn't give the sheriff the authority to attach anything or similar. To get that you need to go higher.

At least that's the way I understood it, and partly why I left a claim I had. It was pointless.

Happy to be proven wrong if that's the case.
 
This is why you claim through your own insurance and let them do the fight. But it's more then likely they don't have insurance.
 
GhostSixFour said:
That's part of the problem, a small claims court ruling doesn't give the sheriff the authority to attach anything or similar. To get that you need to go higher.

At least that's the way I understood it, and partly why I left a claim I had. It was pointless.

Happy to be proven wrong if that's the case.
Click to expand...
I understand you. But even a court order from a higher court doesn't immediately authorise attachment. The judgment debtor will be given an opportunity to perform. If he fails, the next step is to apply for a warrant of execution authorising the sheriff to do his thing.

Not a lawyer, but that's my understanding.

Didn't know that Small Claims Court can't issue warrants/writs of execution, that's interesting. I see what you are saying, you would have had to lawyer up to file papers in the mag court, so depending on the size of the debt it may not have been worth it?

Although, I found this article https://www.iol.co.za/personal-finance/how-small-claims-court-system-works-1790342

Don't know if it still happens but from the article:

"As a final gesture of goodwill, the small claims office will help you to complete the writ, and you can then take it to the sheriff (as with the summons)."
 
Eti1 said:
I understand you. But even a court order from a higher court doesn't immediately authorise attachment. The judgment debtor will be given an opportunity to perform. If he fails, the next step is to apply for a warrant of execution authorising the sheriff to do his thing.

Not a lawyer, but that's my understanding.

Didn't know that Small Claims Court can't issue warrants/writs of execution, that's interesting. I see what you are saying, you would have had to lawyer up to file papers in the mag court, so depending on the size of the debt it may not have been worth it?

Although, I found this article https://www.iol.co.za/personal-finance/how-small-claims-court-system-works-1790342

Don't know if it still happens but from the article:

"As a final gesture of goodwill, the small claims office will help you to complete the writ, and you can then take it to the sheriff (as with the summons)."
Click to expand...

Yeah. but that still doesn't give the sheriff the authority to do anything. They can rock up and say that he/she needs to pay, but that's it.

Defeats the purpose of the small claims court. You're already going there as the person obviously doesn't want to pay, but the small claims court can't enforce the judgement. So.. Yeah.
 
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