Question posted in the Insurance Law category relating to Gauteng
I was involved in a car accident in April 2022, I took my car to two different panel beaters and put on a claim with my insurance. a few days later I got a call from the panel beater I did not do a quotation on and they told me that my insurance appointed them as a panel beater to fix my car. I brought my car to them on 18 May 2022. They gave it back to me on 24 June 2022, I signed a clearance form on the pickup date, and a few days later I picked that the car was still not in good condition as it was vibrating when I drive it, they said it is wheel alignment. I should bring it back so that they can take it to tire mart, after that it was still vibrating, they took it to motor vision and were told that all for rooms were damaged.
for a long time, I was the one doing the follow-up with insurance and the panel beater to get feedback if they had approved the addition of rims until it was found that centurion panel beaters never sent a report for additional rims, it had to be taken back again to motor vision, and on the same day my claim was approved, they told me to bring in my car on Friday 26 August 2022 with the agreement that I will be getting my car back on the same day. They called to come to pick it up, and when I got there they told me that they can't give me my car back as my insurance has not been paid, and they gave me a letter that says my insurance is under curatorship.
they have never sent in an invoice to the insurance for the first fix before the additional rims, now they are telling me that if the insurance does not pay I am liable for the 70 000, it is not my fault that the insurance went to curatorship and that they took their time to claim their money,
I just want my car back and if I have to I can pay for the rims but can not pay for the money they delayed to claim on their side.
How can I get my car back?