What Are Your Rights and Responsibilities When it Comes to Third-Party Insurance Claims?
If you’ve been in an accident or an insured event, you may be wondering if you can claim from the other party involved or if they can claim from you? Who decides who was responsible, and what are your rights? Find out everything you need to know here.
What is Third-Party Insurance?
A third party insurance policy is the least expensive form of auto insurance available. In case you cause damages to another person, car, or property, this policy provides compensation for them. If you are looking for in-depth advice that is practical and valuable for South African motorists, you can visit Claimhelp.
What Does it Cover?
Third-party insurance doesn’t cover repair costs, treatment costs, and any damages to your own vehicle, property, or person. It is there to cover claims made against you by anyone else involved in the accident. For example, if the other person in the accident feels you are responsible, they can claim against you for the damage to their vehicle.
Can I Make a Third-Party Claim?
If you have been involved in an accident but were not at fault, you may claim for damage, loss, or death and injury from the other party involved. They may also be able to claim from you if you caused the accident. To make a third-party claim against another party, you need to be able to prove exactly how much loss or damage you sustained because of the incident.
Who Needs to Prove the Extent of Damage and Loss?
In South Africa, the onus is on the claimant to prove that the person they are claiming against caused the damage and loss. They should also be able to prove the extent of the loss and damage. If you are insured, your insurer can often step into this role.
Can I Claim Directly from the Third Party’s Insurer?
In South Africa, you are not necessarily entitled to do so, no. It is better to claim against the responsible party themselves. They can, in turn, communicate with their insurer to hand over legal documents and correspond with your legal representation or insurer.
What is My Insurer’s Duty in the Situation?
Your insurer is responsible for proving your innocence and to clear you of legal liability regarding damages to any third party. The same is true for any third party you are claiming for and their insurance company.
If you want to know more about your rights and the responsibilities of the insurer, you can find details in your insurance policy documents. If you did cause the accident, the point of your third-party insurance is to take over the responsibility and cover the claim costs.
For What Can I Claim When it Comes to Third-Party Insurance in SA?
The payout you get may be influenced by the level of insurance the third party has. Here are the costs you can typically claim for:
1. Compensation for Pain and Trauma
If you suffer from pain or any psychological effects due to the incident, the costs of treating it can be claimed from the responsible third party.
2. Costs of Repairs and Replacements
You can claim from liability insurance to cover the costs of repairing or replacing property. This includes vehicles, buildings, and business assets.
3. Medical Expenses
Includes hospital stays, surgery, and follow-up procedures. If you require surgery after an accident where another was responsible, you can claim those costs.
4. Loss of Income
Includes damages that impede your ability to earn. For example, if your business truck is damaged and you cannot make deliveries, you can claim for the lost earnings.
5. Loss of Support
If a breadwinner dies in an accident, you can claim for this loss of support to ensure your home survives financially.
Your Responsibility When Making a Claim
- Prove Damages: You must show the extent of damage to your person or property.
- Prove Negligence: You must show the third party was reckless (e.g., skipping a red light).
- Adequate Compensation: You must prove the repairs match the previous value—not a "fancier" upgrade.
Road Accident Fund (RAF)
If the other party does not have insurance, you can contact the Road Accident Fund. As a government organization, the RAF pays out claims for damages, injury, and loss. This is especially relevant if you were injured while traveling on public transport.
Sources: Claimhelp; Solidariteit. This article is for informational purposes only and is not legal or medical advice.
Insurance.co.za Content Team
Specialist finance copywriters providing flexible and dynamic insights into the South African market.