Big enough to count, small enough to care
Prompt real-time feedback
Clients remain in control of the process
Becomes part of your back office without becoming part of your payroll
Continuous inflow of funds into your claims account
Turn negative impacts into positive outcomes
Frequently Asked Questions
What to do after you’ve been involved in an accident?
DO try to remain calm and assess the situation.
DON’T accept liability, even if you think you were the cause of the accident!
DO call an ambulance if somebody is seriously injured as well as the SAPS. Contact the SAPS especially if you suspect drunken driving or driving under the influence of any substance by the third party.
DON’T move the vehicles from the scene of the accident if there were serious injuries until the necessary measurements have been taken by the SAPS. If no injuries have been sustained, move the vehicles to avoid traffic congestion.
DO get hold of witnesses at the scene and make sure that you get contact detail from them. If possible keep them there until the SAPS arrive at the scene.
DO try to take photographs/videos of and on the scene of the accident.
DO make a note of the place where the accident occurred.
DO get as much information of the third party possible:
- Registration of the vehicle
- Make, model and colour
- Name of driver & owner (if not the same)
- Addresses of both parties
- Telephone numbers of all parties
- Insurance details if available
To download and print the accident form to be kept in your vehicle.
DON’T allow anybody to tow your vehicle. If insured, make sure that it’s towed by an authorized towing company and taken to a repairer and NOT their yard. Some towing companies charge exorbitant fees to release the vehicle once at their yard.
DO report the incident to the SAPS within 24 hours if they did not attend to the accident. Try to obtain a copy of the accident report.
DO make a written statement within 12 hours after the accident has happened.
DO inform your insurance of an accident even if your vehicle had not been damaged.
Can the Insured pursue the matter of recovering his excess if ERS has closed the file and was unsuccessful with the recovery?
He may. One avenue is using the Small Claims Court. www.justice.gov.za/scc/scc.htm. The limit of claims dealt with in the Small Claims Court is R20 000. Confirmation of the file being closed by his insurer must be obtained prior to proceeding with this action.
Can an Insured insist on the recovery of his excess?
No, he cannot. This is the part of the claim for which he has agreed to carry the loss. It is however, understandable that an Insured will want to recover this if he was the innocent party in the accident. For more information with regards to this matter, refer to Short Term Insurance Ombudsman website: www.osti.co.za
May the Insured negotiate with the third party with regards to the recovery of his excess or any amount of the claim?
No, the Insured may not do this. When instituting a claim with his Insurer, he subrogates his rights to the Insurer. The Insurer will endeavour to recover the entire amount from the guilty party, including the excess of the Insured. If this action is successful, the Insured will be compensated in due course. Any negotiations by the Insured may prejudice the rights of the Insurer and the Insurer can hold the Insured liable for all amounts paid towards the claim.
When will ERS abandon/close a file?
- When the merit is in dispute. i.e. ERS cannot proof that the merit is in our clients favour;
- If no eye witness is available to proof our merit (e.g. both parties allege that the traffic light was green in their favour to proceed);
- If ERS cannot trace the third party;
- If the third party is not in a financial position to pay for the damage;
- If ERS cannot reach a settlement with the third party and we need to proceed with litigation and the quantum does not justify legal action;
- If ERS cannot reach a settlement with the third party and once apportionment has been applied, the quantum will not justify legal action.
How long will it take to finalise the recovery?
According to law, a third party claim prescribes after three years, unless legal action had been initiated. ERS endeavours to recover in as short a period as possible. We are however, dependant on the reaction and co-operation from the third party involved, whether an insurance company or individual. If a third party pays off the damage, it can take years.