Good Day

I hope you are safe in this hectic time. Not sure if this is the right place to ask but need advice.

My Fiance bought a motorbike though a friend but he had a contract stating that the bike will remain on friend's name until it is paid off.  So the insurance was also on the friend's name. My fiance has been paying the bike and insurance for the last 15 months and had an accident with the bike. The bike only covered for R103 000 and the assessor said it will cost R139 000 to fix. We asked if we can have a second opinion and they insurance said we can but we need the friend present when the other company makes their assessment seeing that the insurance and bike on the friend's name. The friend refused to go and said he is going to accept the insurance word that the bike needs to be written off.  My question now is. what can we do if the payout money is not paid to us?  What steps are we legally in our right.  My fiance to have an agreement that is signed with a friend saying that he is taking over the bike papers and the insurance on the bike but that bike is on friends name until paid off

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

You need to tell the friend that if he accepts the insurance write off, then you are NOT going to pay him the remaining balance on the bike!

Tell him also that he is not the owner of the bike, so he can't accept the insurance offer. You are the owner, so it is your choice. 

If he causes you a loss, you will sue him for that loss, or you will set that loss off against the money you still owe him. 

Att. Patrick

Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.