THE FACTS
CONLEY Chinyani of Germiston in Ekurhuleni said he submitted a third party claim to an insurance company on 9 August after one of their clients bumped into his vehicle.
They asked him to send photos of the damage to his vehicle and personal documents, which he did.
After a few days they came to collect the vehicle for an assessment.
They kept the vehicle for a week.
When he got it back he noticed they had removed a heater relay plug, changed the air filter housing and removed plastic covers from the door.
He said the oil drain plug had also been removed.
He submitted the complaint to the insurance company’s legal department but nothing was done.
They said he should have taken photos of the vehicle before it was towed away.
The reader argues the driver who towed the vehicle took photos but claims to have lost them.
WHAT I DID
I asked lawyers at SCORPION LEGAL PROTECTION SERVICES to look into the facts and provide us with professional legal advice.
SOLUTION
Scorpion advised that Conley can proceed with legal action against the insurance company since the company allegedly unlawfully removed parts and damaged the vehicle further.
Conley must have the vehicle assessed by an accredited mechanic. The mechanic will provide him with a report which will detail the cost to replace the missing parts and to repair the vehicle.
He will then have the right to claim these costs from the insurer in terms of the common law relating to a claim for damages, even though the pictures were lost. The claim for damages for the crash can also be claimed from the negligent party, who will in turn ask his insurance company for help.
You can strike back legally too!
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