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FAQ's

Recoveries and liability in motor collision

Q:  Does payment of my monthly / annual premium provides me with a guarantee that my excess will be recovered in full?

A:  No, there are no guarantees. The excess can only be paid back when the recovery has been successfully completed.  Such recovery is guided by the financial means of the third party as well as the merits of the specific collision.  Circumstances may arise where a recovery is not possible.  The merits of the collision can further influence the percentage of the excess being paid back, based on possible contributory negligence of the insured driver.

 

Q:  If I believe I am not at fault, will the insurer spare no expense in recovering my excess?

A:  The insurer is able to proceed only as far as the circumstances, legally and economically, allow.

 

Q:  If the other party was to blame for the collision, do I need to pay my excess?

A:  The policy stipulates that the excess is applicable in all cases, regardless of the merits of the matter. The excess is payable directly to the panel beater upon collection of the vehicle or settlement of the claim.

 

Q: The insurer sees me as a number, they failed to recover my excess.  They are useless!

A:  The insurer makes no differentiation in the manner in which the various cases are handled.  We strive to successfully recover the excess of each of our valued customers.  The insurer has instituted well established processes for our dedicated staff to ensure the maximum results in recoveries are achieved.  Consequently, we enjoy a high success rate.  In the event that the insurer is not successful in the recovery, the reasons will be provided.

 

Q:  How long is this recovery process going to take?

A:  The duration of the process depends on the legal process required for the individual case as well as the level of co-operation received from the other party involved in the collision.  There is no time frame for a successful recovery.  When third parties are honest regarding the circumstances of an accident, the recoveries are usually made quickly.  Others try to give the impression that the insurer insured was the guilty party.  It can then take some time to discover the truth.  The process can take from three weeks to three years, with our average recovery time being 6 months.

 

Q:  Can I accept my excess from the other party?

A:  The only time this would be allowed, is when the parties involved have concluded a written agreement which clearly stipulates that:  1.  The payment is for the advanced excess only; 2.  This payment is not made in full and final settlement and; 3.  The insurer, as the insurance company, can still proceed with the recovery of our damages.  This is due to the fact that the insurance policy clearly stipulates that the insured cannot take steps that would hinder the insurer in or prevent the insurer from attempting a recovery.

 

Q:  In the event that I feel responsible for the collision, may I pay the damages or excess of the other party directly to him and then claim this in turn from my Insurance Company?

A:  There are various elements involved in establishing legal liability after a collision.  Even once liability has been established the reasonable cost of indemnity needs to be established.  We thus recommend you report the matter to your broker or the insurer directly as soon as possible, provide the other party with your insurance details and request them to contact your broker or the insurer directly to finalise the matter.