Im in need of help

ettas13

Member
I'm sorry if this goes against standards please do if it does. I'm in a very bad situation, I was involved in a car crash about a month ago driving a car uninsured, the persons car is crashed had insurance and they claimed. Now I need to pay the insurance 65k( access included)all good and well, the person claiming wants me to pay 5k access to them and 15k for premium increase full in cash by tonight or they're going to cancel the claim and sue me for 130k. His own insurance said I must not pay him because they're dealing me. Can he withdraw his claim? I'm really seeking legal advice, I don't know what to do or where to go, I'm still a student working on probation I don't just have 20k to cough up and pay the insurance

Please can anyone give me advice
 

TurboLlew

Honorary ///Member
Ask an actual lawyer please. Nobody here will be able to advise you without knowing the full situation and what has happened thusfar with all parties involved. There are too many unknowns including whether you agreed to pay for his excess (this is a very common request from uninsured drivers to dealerships that don't want to claim from their own insurances etc) or whether there were other agreements between yourselves that went south.

From the info you shared (and not as a lawyer but as someone who has claimed a fair few times against people who have been uninsured): As far as I am aware, he cannot come after you in his personal capacity after his car has been repaired (if this is a month back and he has claimed + car is repaired, this is a done deal). Keep a papertrail of all communications to date. HIS INSURANCE will likely attempt to recover money from you at some point, again depending on the circumstances. This is how it has worked with us in the past - and if they do a successful recovery then they refund the excess. Mechanics aside, you should only be dealing with his insurance at this point. As far as everyone is concerned he should be on his merry way with a slightly inflated premium (mine have never gone up materially after claims) and having paid his R5K excess. The insurance company themselves have advised you of this making me feel that this is closed off on their end. Can he withdraw his claim? Probably not if he has already claimed, he has already signed off and the car is already repaired and in his possession.

Again, as per the first line: You need to consult an actual lawyer either way. I just can't see him deciding to pay back his 130K - find a lawyer that is willing to take this on and then try to extract 130K from someone who doesn't have 20K or even insurance? Somehow? This is so nonsensical to me.

Please get insurance if you do not already have it. Beyond just being able to handle your repairs/the repairs of the other party it also protects you from these strange situations. Even third party cover could have prevented this and it is a few rands per month. What I believe has happened is perhaps you agreed to pay his 5K excess, he discovered he actually had a % excess and 5K is the minimum, so his 130K claim is now costing him 10-15% of the claim. Again - a very strange way of approaching this. Even if you divide that 15000 by 2 years, there is no chance his premium increased (IMHO) by 625 a month for a 130K claim that they are going to do a recovery on.
 

swazi85

Active member
Not that easy to take someone to court and sue them, takes years to get your money and never mind the lawyers fees. (Talking from experience and currently in court with multiple clients owing me money).

Your engaged with his insurance company, it's them that will be pursuing you for the monies not him. I highly doubt he will be paying it out of pocket and pursuing you personally. Why would he take that hassle on when he has insurance!

I would not pay him unless insurance agrees in writing.

Even if it ended up in court you could plead poverty and pay it back at 2k a month. So your doing the right thing. Tell him politely to chill out.



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ettas13

Member
Ask an actual lawyer please. Nobody here will be able to advise you without knowing the full situation and what has happened thusfar with all parties involved. There are too many unknowns including whether you agreed to pay for his excess (this is a very common request from uninsured drivers to dealerships that don't want to claim from their own insurances etc) or whether there were other agreements between yourselves that went south.

From the info you shared (and not as a lawyer but as someone who has claimed a fair few times against people who have been uninsured): As far as I am aware, he cannot come after you in his personal capacity after his car has been repaired (if this is a month back and he has claimed + car is repaired, this is a done deal). Keep a papertrail of all communications to date. HIS INSURANCE will likely attempt to recover money from you at some point, again depending on the circumstances. This is how it has worked with us in the past - and if they do a successful recovery then they refund the excess. Mechanics aside, you should only be dealing with his insurance at this point. As far as everyone is concerned he should be on his merry way with a slightly inflated premium (mine have never gone up materially after claims) and having paid his R5K excess. The insurance company themselves have advised you of this making me feel that this is closed off on their end. Can he withdraw his claim? Probably not if he has already claimed, he has already signed off and the car is already repaired and in his possession.

Again, as per the first line: You need to consult an actual lawyer either way. I just can't see him deciding to pay back his 130K - find a lawyer that is willing to take this on and then try to extract 130K from someone who doesn't have 20K or even insurance? Somehow? This is so nonsensical to me.

Please get insurance if you do not already have it. Beyond just being able to handle your repairs/the repairs of the other party it also protects you from these strange situations. Even third party cover could have prevented this and it is a few rands per month. What I believe has happened is perhaps you agreed to pay his 5K excess, he discovered he actually had a % excess and 5K is the minimum, so his 130K claim is now costing him 10-15% of the claim. Again - a very strange way of approaching this. Even if you divide that 15000 by 2 years, there is no chance his premium increased (IMHO) by 625 a month for a 130K claim that they are going to do a recovery on.
Thank you for your time I appreciate it, it's a car I just got running so I didn't take out insurance on it yet my mistake ofcourse, his insurance says the 65k I owe them will include the access, so I don't think he did pay access, he still owed on his car and was payed out what he already had paid and the bank was settled on what was owing, I've got documents from his insurance stating what I must pay them and yeah, the guys father is keep on kontacking my parents when their at work after the insurance had said they'll talk to him, not sure if I can open a case of harassment if he keeps calling from different numbers? I do really appreciate to advice, thank you so much.
 

ettas13

Member
Not that easy to take someone to court and sue them, takes years to get your money and never mind the lawyers fees.

Your engaged with his insurance company, it's them that will be pursuing you for the monies not him. I highly doubt he will be paying it out of pocket and pursuing you personally. Why would he take that hassle on when he has insurance!

I would not pay him unless insurance agrees in writing.

Even if it ended up in court you could plead poverty and pay it back at 2k a month. So your doing the right thing. Tell him politely to chill out.



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Insurance told me I should only pay them the amount due and not a cent to him, just the thought of him withdrawing his claim and trying to sue me for 130k it's a big amount
 

r0ckf1re

Well-known member
Insurance told me I should only pay them the amount due and not a cent to him, just the thought of him withdrawing his claim and trying to sue me for 130k it's a big amount

It’s scare tactics. The only people you are supposed to communicate with is his insurance company. That’s why he has insurance, even they will tell you not to speak to anyone else, they will handle it. Come to an agreement with them, and only them. If he calls your parents, tell them to just cut the call.

Did the guy give you anything in writing to sign ?


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swazi85

Active member
Insurance told me I should only pay them the amount due and not a cent to him, just the thought of him withdrawing his claim and trying to sue me for 130k it's a big amount
So your handling the matter! Have you agreed terms with the insurance on the payment of the monies? Get that in writing and make sure you keep to the agreement, then you have nothing to worry about.

At this stage it's too far advanced for them to cancel his claim. They basically trying to extort money out you.

If they wanted you to pay them, they should have made an agreement upfront you were using their insurance. So you would pay their excess & the premium increase. Your committed now to pay the full amount with insurance. The excess isn't your issue.



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ettas13

Member
It’s scare tactics. The only people you are supposed to communicate with is his insurance company. That’s why he has insurance, even they will tell you not to speak to anyone else, they will handle it. Come to an agreement with them, and only them. If he calls your parents, tell them to just cut the call.

Did the guy give you anything in writing to sign ?


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Nope I signed nothing, only document I must sign is the one I recently received is from his insurance regarding the payments to make up for what is outstanding to them from my side
 

ettas13

Member
So your handling the matter! Have you agreed terms with the insurance on the payment of the monies? Get that in writing and make sure you keep to the agreement, then you have nothing to worry about.

At this stage it's too far advanced for them to cancel his claim. They basically trying to extort money out you.

If they wanted you to pay them, they should have made an agreement upfront you were using their insurance. So you would pay their excess & the premium increase. Your committed now to pay the full amount with insurance. The excess isn't your issue.



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Thank you for advice! I really appreciate everyone's advice and I have taken it all into consideration, big lesson I've learnt at a young age. I've blocked his numbers, if he continues to contact I'll just take it up with his insurance
 
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