April 10 - Many South African motorists are caught short every year when they discover too late that third party car insurance coverage is less than the repairs bill from the dreaded panel beater. Do you have any legal recourse? Here are the facts.
Let's say that you're involved in an accident where the other car is at fault (isn't that nearly always the case) and their insurance has to cough up for the repairs. You take the vehicle to a panelbeater and the bill comes to R20,000. Then you find out that the insurance company will only pay R10,000. First off why is there a discrepancy? And second, what can you do about it?
Insurance companies have an obligation to restore your car to the condition it was in immediately prior to the accident. If your car was ten years old they are not obligated to find new parts. "Enriching" your vehicle is not part of the bargain. Instead they will pay out for damages based on second-hand parts or possibly generic parts.
Panel beaters have an obligation to take as much money as possible from whomever is handing it out. Try to use a service that is approved by the insurance company that is handling your claim and/or is approved by your vehicle manufacturer. This will save a lot of hassle.
There isn't much that can be done once you have the two amounts in front of you. The time to argue and haggle is before the repair work starts! Find out what the insurer is willing to pay and make sure that your repairs are completed within the budget.
Remember that insurance companies are legally liable to foot the entire bill if it does not agree with their compensatory amount, so please keep that in mind if this happens to you and your car.
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