Good DayI had a small bumper bashing abo...

Asked by Desiree Nash on 02-11-2022 17:37:54
Question posted in the General Law category relating to Western Cape

Good Day

I had a small bumper bashing about 10 days ago.     The other driver is not insured.     I believe he is at fault and he says I am at fault.   I asked him to wait afterwards,  and he says because I asked him to wait he feels like I am admitting fault.    

He wants to claim from my insurance,  but I feel like it is not my responsibility,  and it is not fair to me as I was not at fault.

He has now asked someone else to assist him in this matter,  and I am getting messages from this lady,  requesting my information and the police case number,  and she is telling me that he cannot work with his car damaged,  and also now cannot afford to pay his rent,   but in mt mind if he can afford a car then he should have it insured,   especially since he is a driver.  He told me he works for Uber on a part time basis,  but I don't think he was on an Uber trip at the time.

What are my rights in this regard?

Message from the Lawyer

Posted by Att. Patrick on 02-11-2022 23:28:50

Hi there and thank you very much for your question,

It sounds to me as if this lady is attempting to "shake you down" in order to get you to pay for the damage to the other car. You should not let this happen. 

Instead, what you should be doing is to report the accident to your insurance company and request your insurance company to repair the damage to your vehicle. You must give your insurance company a full report of your version of the story, including the other driver's details, and let your insurance company do whatever investigations they want to do. 

Then, at the same time, what you must do is to tell the other driver that if he wants to put in a claim against your insurance, he can contact your insurance company and speak to them about it. Your insurance company will then decide, for themselves, if this other driver was at fault (in which case they will decline his claim) or whether you were at fault (in which case they will accept his claim, and assist in repairing his car).

But this is all a decision which your insurance company must deal with. Not you. In fact, you are NOT allowed to admit fault to the other party and you are also NOT allowed to enter into any 'settlement' agreement with the other party because that could prejudice your insurance company's rights to claim against the other party. 

You should be reporting the accident to the police. They should give you an accident report number. You must give that to your insurance company. 

If you are insured, you have the contractual right to ask your insurance company to take over all of these communications with the other driver and to refer all of the other driver's complaints and demands to your insurance company to deal with. 

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