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Outsurance sues cyclist


sharkbait

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chalk my name up on the lynch mob attendance register if you must, but I make a point of not being inclined to take a statement drafted by a company's marketing/PR department as even vaguely representative of factual events...

 

The Woolworths and hummingbird story that caused such a s$^tstorm on Twitter & Facebook a few weeks back comes to mind.

 

Just curious what the tweeps that so viciously badmouthed Woolworths thought afterwards when they realised the story isn't so straightforward as everybody thought.

 

Not saying its remotely the same here, just give that PR tannie a chance to make a statement before you cancel your policy.

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I'm going out on a limb here......I think that this might just be a "klip in die bos" to see what it flushes out. There is another, totally different, possibility here. And for reasons of not wishing to be defamatory or libellous, I will keep quiet. Let's wait and see.

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------------------------------------------------------------------------

 

The reason for my response is to investigate this claim, I have already referred the matter to our Legal department as well as our attorneys and we can not trace this specific claim, hence my request for further detail. Wait to hear from you to assist further.

Alet

 

So essentially what you are saying is that you are demanding about R16k from someone and you don't even know why or if you should actually be doing so since you can't trace the claim or have no record of it? How do you know how to claim that amount and how do you actually get that amount?

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Slightly off topic, but still relating to cars and cyclists/pedestrians.

 

Did anyone hear the debate yesterday/Monday on 702 (Jenny's show) relating to Sonya Laxton's hit 'n run accident on Sunday morning?

One attorney/lawyer stated that the victim (in this case Sonya, but Burry's name could fit into this debate too), has no recourse to sue the driver, as the Road Traffic Act (or the RAF) compensates the victim in terms of medical bills, loss of income, etc, etc., etc. and prevents any civil action against the accused.

 

The sad fact, in that the driver gets away with it (maybe a fine and a slap on the wrist) and the victims (or their families) have to deal with the consequences.

 

As far as I understand, the RAF can go after a negligent/guilty driver to recoup money. May be wrong. But they spend so much on legal representation - when my case was "heard", over 50% of the cases on the roll were, like, "Tumbleweed vs The Fund" - that I doubt there's much profit in chasing this money down.

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So a cyclist is cycling down a parking lot and a guy in his car reverses out infront of the cyclist, the cyclist had nowhere to go but to hit the car. Ok, back window broken and a small dent on the boot. Two months down the line the cyclist receives a letter from Outsurance to pay R16K + for the damages caused. Reasons: the cyclist was in the wrong as he should have avoided the reversing car. After calling the number on the letter it was said that the driver said he was stationary and the cyclist rode into the back of the vechile. I said but he was reversing out and the laywer said that I have to prove that the vechile was moving. My question is how is this possible to sue the cyclist? To prove that the vechile was moving is out of the question so what remains is for the cyclist to just fork out the money. When has the law changed in favour of the driver? Any advise?

Standard Outsurance statement; somebody I know of got his vintage beach-buggy t-boned by a chick jumping a stop sign in a busy road, no room to avoid etc etc. She was insured by Outsurance and admitted fault, there were witnesses to the accident. Outsurance refused to pay out because….yes..you guessed it..he should have avoided the vehicle jumping the stop sign.

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Where there is smoke there is fire.

 

I had three different Outsurance policies, for different properties and goods. I had two bad experiences with Outsurance and I no longer have any policies with them.

 

I'm with all those who have changed, or are about to change insurers.

 

IMHO Outsurance is not the one!

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I wonder how much Outsurance has lost in revenue from this and how much in the next couple of weeks. They did not do some research before they opened there mouth . First check how many clients have bikes insured with them before taking taking on a the cycling comunity. Lessons learnt at a price well done Outsurance

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In our law based on old English law. The pedestrian , bike, cart ,tricycle, wagon- has more rights and the onus is on the mechanically operated vehicle to avoid such.

 

Another point you have right of way, the law requires the car to avoid any persons or other vehicles already in the road.

 

So a good old fashion, properly qualified lawyer will know this. You safe.

 

Out insurance may seem cheep, but what most don't know they do not provide cover for the passenger in the car in a accident, making you personally liable if you were at fault!!

 

Discovery make you sign all your rights to any money received from the RAF, until they get there costs back. The also want to settle the case fast, not taking into account long term loss. They want there money and good luck to you.

 

So these are issues all Sa have to deal with when dealing with large crooked insurance company's.

 

Santam are rather reliable

Avoid Alexander and Guard risk - with a barge pole.. They manipulate the Ombudsmen on there favor in a dispute.

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Don't ignore the claim.

 

Write them a letter explaining the real version of what happened, and make it clear that you do not consider yourself to be at fault, and that you will defend any action that they institute.

 

Unless they are very sure they can prove otherwise (with witnesses), they won't summons you.

After seeing the response and as I stated; I was asking purely for advice on what are the options. It was clear that the cyclist should seek legal help. So I have spoken to the cyclist in question and told him that this is what he should do. But as a matter of fact this has spiraled a bit further than what my intension was (advise) but then again so does every person have their opinion on a subject and I can not control it. I'm actually glad to see a few posts to be against the cyclist and this was what I expected - though not so few. I mean, whoever is wrong in this matter is wrong but it was just a question of seeking what should be done next as I dont have experience in this field and my thought was that maybe someone else has had the same experience and what did they do/what was the outcome.
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The Woolworths and hummingbird story that caused such a s$^tstorm on Twitter & Facebook a few weeks back comes to mind.

 

Just curious what the tweeps that so viciously badmouthed Woolworths thought afterwards when they realised the story isn't so straightforward as everybody thought.

 

Not saying its remotely the same here, just give that PR tannie a chance to make a statement before you cancel your policy.

 

Ag pleeze, this is the hub man. Don't come here with your logic and reason tendencies.

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