THE BID FOR 3RD PARTY INSURANCE CLAIM EXPOSED. 1956 LAW?

Without Prejudice

Good Day,

3rd party insurance claims are now criminal litigations rather than civil suits.

With regards to our telephonic conversation and the above mentioned matter.

We act on behalf of Thames Insurance Brokers.Our client is comprehensively insured with Infiniti. We have considered the claim instituted against our insurance policy by you for the incident that occurred on 2020/10/08.

Applicable to this claim is the Law of Delict and Apportionment of Damages Act 34 of 1956. We will therefore evaluate this claim on its own merits and consider all evidence being presented by you, the claiming party. The merits and quantum of this case will be determined by applying fair legal principles. Please be reminded that this is not an insurance claim and therefore not dealt with in terms of a contractual agreement. This claim will be dealt with in terms of the applicable law relating to third party vehicle incidents.

Below is a list of documents we require from you. Outstanding documents at the time of drafting this notification will be clearly indicated below.

We confirm that you would hold the matter in abeyance and provide us with the following documentation:

  • Completed claim form (template attached to this document). Outstanding
  • Quotes quantifying and supporting your material damage claim (at least 3 quotations). Outstanding / we received one quotation
  • If applicable, towing invoice/s. Outstanding
  • Vehicle Registration Certificate (not the motor Vehicle License Certificate). Outstanding
  • ID copy of registered owner. Outstanding
  • Incident sketch and description of how incident happened (in claim form) to be completed by the driver of your vehicle. Outstanding
  • If you have insurance please provide a letter from your insurer confirming that you will not be claiming from them for this incident; Outstanding

If not insured:

o    Sworn Affidavit made at South African Police Station by registered owner confirming that you are not insured and no outstanding balance at bank (no HP). Outstanding

o    If your vehicle is not insured and under HP a letter from your bank confirming that we can deal directly with you. Outstanding

Please take note of the following important points:

1.            A third party claim will, upon receipt and validation of all documents required, be finalized within three months.

2.            Should Infiniti be unable to finalize within three months, will we clearly communicate same with you and also propose a new timeline.

3.            Should a dispute be raised, Infiniti will clearly communicate a Dispute Resolution Channel.

4.            Infiniti will not accept liability for storage fees.

5.            During validation we will need to properly validate material damage. Should you not allow us to do so will we not be in a position to settle your claim.

6.            If we do settle, we will settle by means of a payment towards the registered owner of the vehicle only.

7.            Car hire will only be considered and evaluated if the vehicle is utilized for business purposes and if the vehicle is not drivable. (We would require proof that the vehicle is not drivable.).

8.            All material information provided will be validated and considered.

9.            We will communicate with you during the processing of your claim, but is it your responsibility to follow up with us if you do not hear from us within the timelines noted below.

Please follow up as per timelines below:

1.            A third party claim will, upon receipt and validation of all documents required, be finalized within three months.

2.            Should Infiniti be unable to finalize within three months, will we clearly communicate same with you and also propose a new timeline.

3.            Once all requested documentation has been received, Infiniti may decide to appoint an assessor. The assessor will take about five working days to contact you for an appointment.

4.            Post the appointment will it take approximately five working days for the assessor to submit his report.

5.            On receipt of the report, the claim and assessment will then be validated within approximately five working days.

6.            The Liability Negotiator will now be in a position to present you with a legal view on this claim either by means of a settlement offer or alternatively refuting liability. Should the Liability Negotiator need more time for evaluation and validating, you will be informed of the reasons and a new timeline will be proposed.

7.            If the matter becomes settled, the payment process takes approximately five working days for the funds to reflect in your account.

As soon as the all requested documentation is received the matter will receive our immediate attention.

Please quote our reference number on any and all correspondence:

Vriendelike Groete / Kind Regards

Published by Dr Charles Sinkala

I will go to the World, and when I come back, I will Liberate my people.

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