Around 70% of all vehicles on South African roads are uninsured. Whatever the reason might be, these vehicles are also involved in accidents and the driver might not be the negligent party but need to pay for their own damage. “Not fair, this wasn’t my fault,” they complain, and their sentiments are understandable.
There also might be insured drivers who do not want to claim against their own insurer because they need to pay an excess and will lose their no claim bonus.
Your claim might have been repudiated by your insurer, due to non-compliance to the policy conditions. This does not mean that you do not have a claim against the guilty party.
You can also try to claim directly from the negligent party’s Insurance company if this person is insured. The Insurer can, however, make it very difficult to do so. They have a contract with their insured and has no legal duty towards you.
To date, the only other option would be to instruct an attorney to deal with the matter on your behalf. This can be a costly exercise and still no guarantee of a positive result.
At Excel Recovery Services we have an alternative solution for Third Party recovery claims.
We work on risk, which means that we will deal with this matter on your behalf and only earn a commission if we’ve been successful in recovering money for you.
Once a claim has been submitted and we’ve advised you that we will attempt a recovery, you will be given access to our online portal via our website, to follow the progress of your claim.
Be prepared that this can be a very long and tedious exercise.
Some terms you might come across during this process:
If the other driver can prove that he experienced a “sudden emergency” we cannot prove any of the above. Eg. A tyre burst and he lost control of the vehicle. If the tyre was in good condition, it was a sudden emergency which could not have been foreseen and we cannot prove negligence and therefore a liability.