WATCH | Insurance claim for car left on road rejected

An uninsured motorist has been dealt a blow after his third party insurance claim was rejected on the grounds that he did not switch on the hazard lights, and place a warning triangle when his vehicle broke down on the side of the road.

Moletsane Makhate’s BMW vehicle had been left on the side of the road while he went to buy fuel when another motorist crashed into it in November last year. Makhate who is not insured, thought his car was safe as the road was flat and had a speed limit of 80km/h. It was also around 11am and there was a clear visibility which limited the chances of someone ramming into his stationary vehicle.

The lady that had hit my car must have been speeding because the impact was too much, my car was almost pushed into the bushes,

—  Moletsane Makhate, motorist

Well, he thought wrong.

After he left his car to buy fuel, he found it completely damaged as another motorist had rammed into it from behind on the Swartkoppies Road in Alberton, Ekurhuleni.

“I could see lots of cars near where mine was. I thought it must have been a car accident between other cars. But I was shocked to see my car was involved. The lady that had hit my car must have been speeding because the impact was too much, my car was almost pushed into the bushes,” said Makhate.

He said an eyewitness, a security guard, confirmed the other motorist had been speeding.

“Police were called but the tow truck arrived first and I could see these people [tow truck] were in a hurry to remove the woman’s car from the scene before the police came. The tow truck driver was also blaming me for parking next to the road but I told him that only 10% of my car was in the road and that I could not push my car as it is automatic,” said Makhate.

The woman’s car was towed away and the police only arrived later and could not immediately establish how the accident happened.

Makhate was advised to make a third party claim to the insurance of the other driver.

However, his claim was repudiated on the grounds that he failed to place a warning triangle behind his vehicle when it broke down, failed to put the hazards on to alert other motorists and that the portion of his car was on the road.

“I admit I did not put the triangle, I don’t remember switching on the hazards and even in that, there was clear visibility because it was daylight and the speed limit was about 80km/h. Also, 90% of my vehicle was behind the yellow lane,” said Makhate.

He tried to protest the insurance decision but his plea fell on deaf ears, with the company discharging its lawyers on him. The company further said it would not send an assessor to view the accident scene as the information and pictures Makhate had supplied made him liable for the accident, according to its assessment.

“We have however, appointed an assessor to assess your quotations to ensure that the costs are fair, reasonable, market-related and accident-related. However, since you are the more liable party, no settlement offer will be forthcoming.

“Our repudiation is based on all the information at our disposal, your version, our client’s version, the accident photos etc. and more importantly, the repudiation is according to the law, not an assessor,” read the company’s response to Makhate.

He said the cheapest quote he could get was R115,000 but he had been advised that the car could be a write off.

“These people are bullying me and I’m such a small guy and they are a big company. My car is old, it’s a 2007 model hence I did not have insurance because insurance companies did not want to insure it,” he said.

What to do when your car breaks down on the highway:

• At the first sign of car trouble, remain calm and carefully make your way towards the emergency lane.
• If you need to change lanes, watch your mirrors and the traffic around you closely.
• If the road does not have an emergency lane, safely move the car as far off the road as possible.
• Pull up your handbrake, and switch on your hazard lights.
• Only if it is safe to do so, position a reflective triangle a good distance behind the car.
• By law, you are required to carry at least one emergency triangle for times like these.
• Keep your windows closed and your doors locked.
• Notify your roadside assistance provider or insurance company to get assistance as soon as possible.
• Alert friends or family members who may have been expecting you at a certain time and explain your situation to them. Source: MiWay

Sowetan