MOTOR INSURANCE RULES

[CLIVE-TRIANGLE]

Yes that was my take on it also, I asked the question as, when I was a young fella, I had an accident. I was uninsured, and the other guys insured suid me for R1300.00 (it was cheap to fix a car back then). I was still an apprentice and earning only R9.50/week, so I pleaded with the insurance company and they told me I could then pay his excess, which was R120.00. Like I said, tings was cheap back den...

This practise has a long history. Prior to 1976 (if my ailing memory serves me), the courts were chocked with insurance companies suing insurance companies. Invariably courts would award 60/40. Obvious-blame issues naturally did not go to court. Insurance companies soon worked out that they were merely increasing the costs with all of the legal fees and round about that time they signed a knock-for-knock agreement.

The essence of the agreement was that each company would pay their clients' own damages and only "ask" each other for their clients' excess if:
- the client inquired
- and there was patent and clear major fault by the other party

Naturally this brought about conflict when both parties were with the same insurer or when one party had no cover. In the case of the latter, the insurer will attempt to recover the full damages from the other party, because being uninsured, he was never party to the knock-for-knock agreement. If the uninsured digs his heels in they will frequently settle for the excess, because that is most likely all that the courts will award.

[CLIVE-TRIANGLE]

i have a lawyer

but was hoping to settle out of court- if possible

now, i see that wont be possible with this lady

hopefully she will end up paying much more through the court than what i would have been prepared to accept out of court.

As flaker said, her agreements with her drivers do not affect her liability towards you. If you use an attorney, he will presumably issue a letter of demand. She will almost certainly consult an attorney also and there is little chance that he will try to "go there".