1 Jan, 2018 → by ClaimboUser812258
unethical treatment of 3rd party claim
*SOLVED

3

So this happened...in march a client of outsurance hit my parked car. He claimed responsibility for it, gave me his insurance details and personal details. I followed their criteria to the t. Got the quotes, the forms, the works and sent it in. 6 weeks later I phone to follow up only to be fobbed off for 2 weeks with no reply. When contact was finally made on the 22nd of may I am told there is a "law" which states he is not responsible for my damages, which btw amount to r17000. Upon asking for this "law" which other insurance companies know nothing about, I was sent this email... Re: refuting liability According to the information at our disposal, a vehicle suddenly entered our insured’s path of travel causing our insured to veer our, resulting in collision. A driver (It is self-evident) who is suddenly confronted with an unexpected danger may, and probably will, act differently from a driver who does not have to act without much time to make a decision, and on the spur of the moment he may do something, which causes the very collision he is anxious to avoid. Understandably the courts accept that: "men faced in moments of crisis with a choice of alternatives are not to be judged as if they had both time and opportunity to weigh the pros and cons. Allowance must be made for the circumstances of their position." this principle has been elevated into the so-called doctrine of sudden emergency, which has been formulated as follows: "a man who, by another's want of care, finds himself in a position of imminent danger, cannot be held guilty of negligence merely because in that emergency he does not act in the best way to avoid the danger." In view of the above we have no alternative but to deny liability and support our denial on the doctrine of sudden emergency. Outsurance legal department Which leaves just one conclusion... And that is exactly the conclusion I sent to outsurance in an email, and as of yet still not had a response to. Good day So in effect what you are trying to tell me is that because he hit my car on purpose, he/you is not liable, but if he accidentally hit my car by just turning too sharply, then he/you would be liable? Isn't that what accidental cover is for... For accidents? Do you by chance have any statements or written proof of the driver that he was avoiding when he hit my car? I will not be leaving this, as what you stated is not a law as you stated on the telephone, but one person's experience in court. This is not my experience and I will be contacting the ombudsman and my lawyer. Thank you As of yet I have not had a response to my email
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