Question posted in the Insurance Law category relating to Eastern Cape
Hi, I bought a Ford Ranger at a dealership in Johannesburg in October 2020, checked with Ford to see what the service records and all was on the vehicle and to check that the vehicle has never been in an accident as the dealership said it wasn't. All was in order and I purchased the bakkie and immediately put it on my insurance with Out surance. I have had the bakkie serviced by Ford on many occasions, after a year, the steering rack packed up and the bakkie was sent into Ford for repairs as it was still under warranty. After Ford stripped the vehicle they found that it must have been in an accident before and reuested me to pay for the new steering rack and to repair and replace a few other small parts in order to retain my warranty, which I paid for. I have that report from Ford as well. Forward to a year later, I ended up in a front end smash, did the online assessment with Out surance and they sent a recovery vehicle to fetch the bakkie and take it to their panelbeaters for repairs. They did an assesment on the bakkie and submitted a quote to the insurance for the repairs. However, when they started stripping the bakkie they found extra damage and found that the chassis was also bent. They submitted an additional quote to outsurance with the price to repair/replace the chassis as well. The Insurance came back to me refusing to payout for the full extent of the damage, saying they had found the vehicle to have been in an accident previously and it was a write off sold by a salvage company and that the repairs done to the bakkie weren't up to standards. I fully understand that the panelbeaters don't want to work on the vehicle and put their name on the work done, but are there any laws protecting me as a consumer? I bought the vehicle thinking it was never in an accident and checked with Ford directly on the VIN number and chassis numbers with no records on their side. I had the vehicle insured from the first day and paid the insurance every single month. And now they refuse to pay me to the full extent of the damage and are only willing to pay me R55000 and tell me that I have to fix the vehicle myself. I even have a mail from the panelbeaters saying that the chassis damage is due to this accident because otherwise none of the bodypanels would've fitted on the vehicle. But the Insurance say that this guy doesn't know what he is talking about eventhough the panelbeaters do a lot of work for Outsurance and they are their trusted repair shop. I just feel like this is extremely unfair towards me as a consumer. Is there anything I can do? Are there any laws protecting me?