Question posted in the Insurance Law category relating to Western Cape
On the 15th November 2024, I received a letter of Demand from my relative which had been sent to his mobile number via WhatsApp from an attorney. The letter of demand was claiming damages in the sum of R14000 for a motor vehicle accident that had occurred on the 4th of September 2023.
The letter of demand alleges that I was operating the vehicle at the time of the accident and was addressed to me.
The vehicle is registered in my name, but has not been in my possession since 2016 when I sold/gave it to my relative who has operated and maintained it since that time. The vehicle is not insured at this time
My relative acknowledged that he was operating the vehicle when the accident occurred, and provided his version of events to me.
I would like to know the following;
Am I liable as the owner of the vehicle ? Is the letter of demand valid ? since it was sent to someone other than myself via WhatsApp The attorney is demanding payment within 10 days to avoid summons and a number of other legal actions
How would I proceed with contesting this matter ?
should I contact the other attorney ?
-At a fork in the road with a stop/yield sign, the other driver moved off and then stopped again, causing the driver of my vehicle to collide with him causing minor damage - no broken lights, a mark on the bumper. They agreed to proceed to a police station, after they arrived at the police station, they were informed they would have to wait 1 hour for assistance due to a shift change. They then agreed that the driver of the other vehicle would come back the next day to obtain a case number and contact my relative with further updates.- There was no further contact from the other party until the 15th of November this year, until the letter of demand was sent.
The repairs on the vehicle was effected in January 2024 An assessors report and letter of demand was sent along with the invoice - no itemized details of repairs.