Xolani* was involved in an accident, and had to have his car repaired. Fortunately, he had insurance, so he wasn’t worried. His insurer asked him to send copies of his vehicle documents, which he did. A few days later, they sent someone out to collect the vehicle for an assessment. They kept the vehicle for a week. When Xolani got his car back, he noticed that things were very wrong...
He inspected his car, and found that while it was gone, someone had removed a heater relay plug, changed the air filter housing and removed plastic covers from the door. Even more shocking, someone had replaced his diff drain plug with a mealie cob!
He submitted his complaint to the insurance company’s legal department, but they have not done anything. They said he should have taken photos of his vehicle's parts before they towed it. Xolani argues that the driver who towed the vehicle did take photos, but claims to have lost them somewhere.
Scorpion Legal Protection’s advice
The first step in sorting out a dispute is always to make contact yourself first. Xolani has tried to do this, but the insurer’s legal department is refusing to accept responsibility and fix things. Xolani’s next step is to proceed with legal action against the insurance company for damages to his car, since they unlawfully removed parts and damaged it further.
Xolani must take possession of the vehicle and have it assessed by an accredited mechanic. The accredited mechanic will be able to give him a comprehensive report on the car, which will detail the cost to replace the missing parts and to repair the vehicle. Once this is done, Xolani will have the right to claim these costs from the insurer in terms of the common law relating to a claim for damages, even though the images taken were misplaced.
Xolani can claim damages, with regard to the accident he had, from the negligent party (the other driver), who will in turn seek assistance from his/her insurance company.
Tips:
- Make sure your insurance company or broker is a registered Financial Services Provider, and not someone running a scam – you can check with the Financial Services Board (FSB) at www.fsb.co.za
- It’s always a good idea to take your own photos of the damage – even if you’re not required to do so – and keep them in a safe place. That way, if anyone loses photos or evidence, you have your own proof to back up your claim
Scorpion members have access to our 24-hour Legal Contact Centre and can call us anytime, anywhere for paralegal services. They have peace of mind knowing that, when trouble strikes, they’ve got access to lawyers to represent them in court and help them strike back legally.*
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* Terms, conditions, limitations and exclusions apply (click here to view the Legal Membership Agreement). This is only basic advice and cannot be relied on solely. Names have been changed to protect identity.